Health benefits, the role of the built environment and impacts of air pollution.
Retrieved from https://www.arb.ca.gov/research/vprp/physical_activity_and_health_final_161216.pdf 114
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55 Wolch, J., Wilson, J. P., & Fehrenbach, J. (2013, May 16). Parks and park funding in Los Angeles: An equity mapping analysis. Journal of Urban Geography, 26(1), 4-35. http://dx.doi.org/10.2747/0272-3638.26.1.4 56 North Carolina State University, College of Design. (2006). The principles of universal design. Retrieved from https://projects.ncsu.edu/ncsu/design/ cud/pubs_p/docs/poster.pdf
57 City of Jurupa Valley, California. (2017). 2017 General plan. Retrieved from http://www.jurupavalley.org/Departments/Development-Services/ Planning/General-Plan
58 Environmental Health Coalition. (2003). Building healthy communities from the ground up: Environmental justice in California, page 11. Berkeley, CA: Inkworks Press. Retrieved from http://www.reimaginerpe.org/files/ healthy-communities.pdf
59 City of National City, California. (2012). General plan. Retrieved from http://www.nationalcityca.gov/about-us/documents/general-plan 60 United States Environmental Protection Agency. (n.d.). Environmental justice in your community. Retrieved May 07, 2017, from https://www.epa. gov/environmentaljustice/environmental-justice-your-community 61 Institute for Local Government. (2014). Technology, tools and techniques to reach your community. Retrieved from http://www.ca-ilg.org/sites/main/ files/file-attachments/technology_tools_and_techniques_to_reach_ your_community_-_june_2014_0.pdf
62 PolicyLink. (n.d.). National Equity Atlas: Reports. Retrieved June 01, 2017, from http://nationalequityatlas.org/reports
63 PolicyLink. (n.d.). National Equity Atlas: Indicators. Retrieved June 01, 2017, from http://nationalequityatlas.org/indicators
64 University of California Davis, Center For Regional Change. (n.d.). Learn about the ROI. Retrieved June 01, 2017, from http://interact.regionalchange.ucdavis.edu/roi 65 Public Advocates. (2014, May 20). Assessing disadvantaged community benefits: A framework for determining which GGRF-funded projects will county toward SB 535. Retrieved June 01, 2017, from http://www.publicadvocates.org/wp-content/uploads/dcb_tool-1.pdf 66 City of National City, California. (2012). General plan. Retrieved from http://www.nationalcityca.gov/about-us/documents/general-plan 67 Eley, C. C. (2017, March/April). Planning for equitable development:
Social equity by design. American Planning Association Magazine. Retrieved June 01, 2017, from http://planning-org-uploaded-media.s3.amazonaws. com/document/PASMEMO-2017-03-04.pdf
68 California Department of Public Health, Office of Health Equity. (2015, August). Portrait of promise: The California statewide plan to promote health and mental health equity. Retrieved from https://www.cdph.ca.gov/Programs/OHE/CDPH%20Document%20Library/Accessible-CDPH_OHE_ Disparity_Report_Final%20(2).pdf
69 Project for Public Spaces. (2015, June 19). Equitable placemaking: Not the end, but the means. Retrieved April 28, 2017, from https://www.pps.org/ reference/equity-placemaking-gentrification
70 Chapple, K., Loukaitou-Sideris, A., Waddell, P., Chatman, D., & Ong P. (2017). Developing a new methodology for analyzing potential displacement. Berkeley, CA: University of California, Berkeley. Retrieved from http://www.urbandisplacement.org/sites/default/files/images/arb_tod_ report_13-310.pdf
71 Cushing, L. J. , Wander, M., Morello-Frosch, R., Pastor, M., Zhu, A., & Sadd J. (2016, September). A preliminary environmental equity assessment of California’s cap-and-trade program. University of Southern California Dornsife Program for Environmental and Regional Equity. Retrieved June 01, 2017, from https://dornsife.usc.edu/assets/sites/242/docs/Climate_Equity_Brief_CA_Cap_and_Trade_Sept2016_FINAL2.pdf 72 Liberty Hill Foundation. (2015). Drilling down: The community consequences of expanded oil development in Los Angeles. Retrieved June 01, 2017, from https://www.libertyhill.org/sites/libertyhillfoundation/files/Drilling%20 Down%20Report_1.pdf
73 California Natural Resources Agency. (2018, January). Safeguarding California plan: 2018 update, page 30. Retrieved April 16, 2018, from http:// resources.ca.gov/climate/safeguarding/#safeguard
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74 Espinoza, M. (2017, December 4). Sonoma County fires deliver economic blow to house cleaners and other service workers. North Bay Business Jour- nal. Retrieved April 16, 2018, from http://www.northbaybusinessjournal. com/northbay/sonomacounty/7722908-181/sonoma-napa-mendoci- no-fires-cleaning-jobs
75 The City of Santa Rosa passed an ordinance following the Tubbs and Nuns Fires in October 2017 in response to rental housing price-gouging that occurred immediately after the fires. The ordinance can be found at http://qcode.us/codes/santarosa/revisions/2017-020.pdf
76 Refer to the County of Sonoma’s Sonoma Complex Fire Urgency Ordi- nance, passed in October 2017 as an example, https://sonomacounty. ca.gov/Public-Safety/Press-Releases/Sonoma-Complex-Fire-Urgen- cy-Ordinance/
77 An example is UndocuFund launched by the North Bay Organizing Project to support affected undocumented immigrant workers following the Tubbs and Nuns Fires, which can be found at http://undocufund.org/ 78 California Department of Forestry and Fire Protection. (2018, January 24). Fire statistics 2017. Retrieved April 17, 2018 from http://cdfdata.fire. ca.gov/incidents/incidents_stats?year=2017
79 California Department of Forestry and Fire Protection. (2017). 2016 Wildfire activity statistics. Retrieved April 17, 2018 from http://www.fire. ca.gov/downloads/redbooks/2016_Redbook/2016_Graphs%201-10. pdf
80 Ravani, S. (2017, November 3). Wine country fires destroyed 8,889 struc- tures. San Francisco Chronicle: Online. Retrieved April 17, 2018 from https://www.sfgate.com/bayarea/article/Wine-Country-fires-de- stroyed-8-889-structures-12328007.php
81 California Department of Forestry and Fire Protection. (2018, March 28).
Incident information: Thomas fire. Retrieved April 20, 2018 from http://cdf- data.fire.ca.gov/incidents/incidents_details_info?incident_id=1922 82 American Planning Association, Washington Chapter. (2015, November).
Social equity and climate change. Retrieved July 30, 2018 from https:// www.washington-apa.org/assets/docs/2015/Ten_Big_Ideas/October_ Revisions/social_equity_11.9.pdf
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CASE STUDIES
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A
B
C
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Case Studies
This chapter presents five case studies illustrating different environmental justice (EJ) planning processes that were initiated prior to the passage of SB 1000. The cases highlight model EJ planning practices and potential challenges that may occur during the implementation of such plans. Local governments may use these case studies to guide the development of their own approach to SB 1000 implementation.
Table 6-1 summarizes this chapter’s five case studies from different regions throughout California—the Central Valley, Los Angeles County, the San Francisco Bay Area, the Inland Empire, and San Diego County.
Each case study describes the community’s unique environmental justice problems, the city’s physical and socioeconomic characteristics, the reasons why each community undertook an EJ planning process, the community engagement process, and each case’s outcomes and lessons learned.
Since National City and Jurupa Valley are the only two California cities that have created EJ Elements, the other three case studies focus on other types of EJ-related policies and plans designed to promote EJ in disadvantaged communities (DACs). For instance, the Fresno case study examines EJ-based objectives that were integrated into the city’s Westside Specific Plan, and the Los Angeles example discusses the EJ policies and protections that were developed for the city’s groundbreaking Clean Up Green Up municipal ordinance. The last case study from the city of Richmond discusses EJ-related policies that were combined into a health element for the city’s General Plan. These latter three examples can assist communities in understanding the variety of approaches that are possible for complying with SB 1000’s mandates.
Richmond
Fresno
Los Angeles
Jurupa Valley
National City
California Case Studies Locations
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National City
Health &
Environmental
Element
Jurupa Valley
Environmental
Justice Element
Southwest
Fresno
Specific Plan
Los Angeles
Clean Up Green
Up Ordinance
Richmond
Community
Health & Wellness
Element
Location San Diego County Inland Empire Central Valley Los Angeles San Francisco Bay Area
Community Type Suburban Suburban Urban Urban Urban
Population Size 58,582 95,005 494,665 3,792,621 103,701 Geographic Area 9.12 sq. mi. 43.68 sq. mi. 114.39 sq. mi. 502.76 sq. mi. 52.51 sq. mi.
EJ Issue Addressed Lack of public
facilities, Hazardous
sites, air and water
quality
Air quality Hazardous sites, air
and water quality
Air quality Air quality specifically,
and public health
broadly
Community
Engagement
Process
City Council,
community-based
organizations
[CEJA to provide] Steering Committee City Council,
Community-based
organizations
Advisory Committee
Community-Based
Organizations
Actively Engaged
Environmental Health
Coalition (EHC)
Center for
Community Action
and Environmental
Justice (CCAEJ)
Leadership Counsel
for Justice and
Accountability
LA Collaborative
for Environmental
Health and Justice
Richmond Equitable
Development Initative
(REDI)
Outcome EJ Element EJ Element Integrated policies
within a Specific Plan
City ordinance Health and Wellness
Element; integrated
policies within a General
Plan
Adopted June 2011 November 2012 Anticipated 2017 April 2016 April 2012 Table 6-1 Case Studies Summary
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6.1 / National City Health
and Environmental Justice
Element
National City created California’s first EJ Element as part of its 2011 General Plan—which can be accessed at http://www.nationalcityca. gov/about-us/documents/general-plan—showing its commitment to prioritizing the health and well-being of its most vulnerable and impacted residents while actively working to prevent adverse health impacts. The Health and Environmental Justice (HEJ) Element identifies public health risks, environmental justice concerns, and ways to improve living conditions to prioritize health and environmental justice. The HEJ Element includes goals, policies, and actions that address topics of respiratory health and air quality, industrial land uses, and public health and fitness. The HEJ Element was funded through the city’s larger General Plan update process with no additional funding stream.
Community Characteristics
National City is San Diego County’s second oldest city. It was incorporated in 1887 and is 11 miles north of the US-Mexico border.
Present-day National City encompasses roughly 9.2 square miles and is nearly built out. During the preparation of the HEJ Element in 2009, approximately 57,000 people lived in the city. The majority of residents are Hispanic or Latino.
Between 1990 and 2009, National City experienced an influx of immigrants from Mexico as well as different countries in Central America, Asia, and the Pacific Islands (especially the Philippines). During the same period, the population of White and African American residents decreased. National City has one of the lowest median incomes of all the cities in San Diego County. In 2009, the median household income was approximately $47,000—$26,000 less than the county median income. Issues that National City experienced at the beginning of the Case Study 6-1
National City Health & Environmental Justice
Element
Location San Diego County
Community Type Suburban
Population Size 58,582
Geographic Area 9.12 sq mi
Key EJ Issues Lack of public facilities, Hazardous sites, air and water quality
Community Engagement
Process
Community-based organizations, City
Council
Community-Based
Organization Actively
Engaged
Environmental Health Coalition (EHC)
Outcome EJ Element (National City Health and
Environmental Justice Element)
Anticipated Adoption June 2011
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planning process included overcrowded households, housing cost burden, undesirable land uses, crime, poor education, and a lack of commercial retail opportunities.
Why National City Planned for
Environmental Justice
In National City, incompatible land uses and public health problems were considered priority environmental justice issues that needed to be addressed through the General Plan. At that time, for example, land use patterns included auto services, light manufacturing, and warehousing uses intermixed with residential neighborhoods. In addition, public health statistics were alarming compared to the rest of San Diego County. In 2004, National City had the highest rate of deaths from diabetes in the county (41 deaths per 100,000 population compared to 18 deaths per 100,000 population countywide). The city also experienced a high rate of deaths from coronary heart disease (191 deaths per 100,000 population compared to 133 deaths per 100,000 population countywide), and childhood asthma hospitalization rates were higher than the county average (247 per 100,000 children compared to 140 per 100,000 children county wide).1,
2 The community
was concerned with the public health issues that arose from high daily traffic, limited parking at job sites, high noise levels, poor air quality, community exposure to hazardous materials, and a lack of access to public facilities and services (such as community centers, parks, and open space).3
Community Engagement Process
Prior to the start of the EJ Element planning process, the City had adopted an amortization ordinance to reduce the number of unhealthy land uses impacting local neighborhoods. Thus the creation of the HEJ Element arose out of the City’s initial desire to incorporate a health element into its General Plan as well as a desire to create consistency between the General Plan and the Westside Specific Plan that was adopted in 2010. The specific plan envisioned a vibrant, healthy community with affordable housing, public transportation, safe pedestrian walkways, compatible land uses, and increased use of clean energy.
Community-based organizations were the main groups that advocated for environmental justice to be incorporated into the health element.
Through the General Plan update process that created the HEJ Element, an EJ policy was adopted that not only addressed negative health impacts from incompatible land uses within the Westside Specific Plan area, but throughout the rest of the city.
Thus, from the very beginning, the HEJ planning process was strongly supported and organized by community members. For over ten years, the Environmental Health Coalition (EHC) worked with local residents to promote a vision of the city that reflected residents’ goals and aspirations for a healthy community. In 2009, local residents and community-based organizations, including EHC, met with the mayor to discuss a plan to leverage State funding for the new HEJ Element. Since the City was already in the process of updating its General Plan, officials recognized that the added costs and staff time to incorporate another element would be minimal.4
Outcome
The HEJ Element includes goals to improve public health and promote the well-being all segments of the population through better design of the built environment. Two key principles guide the HEJ Element’s policies and programs.
] Quality of Life. Recognizes socioeconomic “inequities and balances new development and redevelopment with important community amenities accessible to all segments of the population.” The HEJ Element seeks to 1) increase quality of life by providing a mixture of housing opportunities; 2) improve access to different transportation modes; 3) enhance community character and promote the cultural arts; 4) address noise, nuisance, health, and maintenance issues; 5) promote the amortization of incompatible land uses over time; and, 6) ensure that future generations can meet their environmental resource needs.5
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Key Lessons
The following achievements and challenges can be drawn from National City’s EJ planning process:
] The HEJ Element broke new ground (first EJ Element in California). ] Substantial grassroots organizing and community-led advocacy was at forefront of efforts to identify and address land use inconsistencies between the Westside Specific Plan and the existing General Plan. ] Education and awareness of EJ-related issues among policymakers, including city council members, increased the support for the HEJ Element.
] The potential to become eligible for State funding opportunities was an incentive to create the HEJ Element.
] The policies adopted were not at the level of specificity that was desired by community-based organizations. As a result, the research that was conducted on air quality issues and potential policies to reduce negative air pollution impacts on the community was ultimately used to promote a strong community engagement process rather than to develop specific policies adopted in the plan. ] Community members reflected that they could have advocated for more engagement opportunities throughout the planning process. For example, residents wanted to extend the community engagement process to create more opportunities for providing meaningful feedback to the HEJ Element, including more workshops. ] Health and Safety. Recognizes the direct connection between the physical structure of the city and public health. The HEJ Element seeks to encourage healthier living by increasing walkability, bikeability, recreational opportunities, and urban agriculture as well as improving air and water quality through sustainable development.
The Plan includes compact, mixed-use development to help increase human activity on the street, new community farms and gardens to encourage activity in common areas, increased lighting and surveillance, and improved emergency services.6
] In addition to incorporating community voices and visions, the HEJ Element uses various standards and recommendations from the CARB’s Air Quality and Land Use Handbook: A Community Health Perspective (2003), which can be accessed at https://www.arb. ca.gov/ch/handbook.pdf. The report was used to inform many of the Element’s goals and policies, including a specific objective to promote the creation of buffer zones around sensitive land uses. ] The City decided to create a stand-alone Element so that users of the document could easily locate all policies related to EJ in one place. Cross-referencing was considered but ultimately not included in the plan.
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6.2 / Jurupa Valley
Environmental Justice
Element
Jurupa Valley was the second city in California to adopt a stand-alone EJ Element as part of its General Plan in order to address severe EJ-related issues in the Mira Loma Village community. For decades, Mira Loma Village’s land uses allowed industrial uses to be sited adjacent to homes and schools. As the result of a legal settlement between the City and the Center for Community Action and Environmental Justice (CCAEJ) in 2013, the Jurupa Valley Environmental Justice Element (JVEJE) was developed to protect public health and promote environmental and social equity for residents.7 The Element was funded as a supplemental environmental project through the California Department of Toxic Substances Control.8 (See Chapter 7 for more information about supplemental environmental projects, or SEPs.)
In 2015, the Element earned Jurupa Valley an Award of Merit for “Advancing Diversity and Social Change” from the California Chapter of the American Planning Association (APA) and an award for “Best Practices in Planning” from the Inland Empire Section of APA California. The JVEJE can be accessed at http://www.jurupavalley.org/ Departments/Development-Services/Planning/General-Plan.
Community Characteristics
Jurupa Valley is in the Inland Valley region of Southern California in northwest Riverside County. The city encompasses 44 square miles and is characterized as semirural. It incorporated on July 1, 2001, due to a community-led volunteer effort that desired local autonomy in land use decisions and enhanced public services. The population in 2016 was approximately 97,000, making it one of the lowest density cities in the region at one dwelling unit per acre. The land use pattern consists primarily of medium- and low-density single-family residential Case Study 6-2
Jurupa Valley Environmental Justice Element
Location Inland Empire
Community Type Urban
Population Size 95,005
Geographic Area 43.68 sq. mi.
Key EJ Issues Air quality
Community Engagement
Process
Partnership with Community-Based
Organizations, Fundraising
Community-Based
Organization Actively
Engaged
Center for Community Action and
Environmental Justice (CCAEJ)
Outcome EJ Element (Jurupa Valley
Environmental Justice Element)
Anticipated Adoption November 2014
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development, followed by vacant land and industrial uses. The city also contains equestrian and agricultural activities and a mix of retail, commercial, and office uses.
The transportation/logistics industry is the main economic activity in Jurupa Valley, including industrial warehousing. As a result, new industrial and warehouse uses have often been planned for development in areas adjacent to historically residential and rural neighborhoods.9 Why Jurupa Valley Planned for
Environmental Justice
The main environmental justice issue that the JVEJE addressed was air quality impacts as a result of industrial economic activity, especially warehousing. Warehousing uses are concentrated in this area of the Inland Valley (approximately 90 mega-warehouse complexes are in Mira Loma community). As a result, over 15,000 truck trips flow down the main roads of Mira Loma each day, travelling from the ports of Los Angeles and Long Beach to distribution centers and warehouses in Riverside County.10 The University of Southern California found that the area’s extremely high level of particulate-matter pollution is linked to stunted lung development and other serious illnesses that are prevalent among children who live in Mira Loma.
In 2011, prior to the incorporation of Jurupa Valley, Riverside County approved an application from the Mira Loma Commerce Center (Space Center) to site a 1.1-million-square-foot industrial development along State Route 60, adjacent to a low income and primarily Latino residential neighborhood. The project would have resulted in an estimated 1,500 additional daily diesel truck trips in the vicinity of Mira Loma Village, a low-income residential neighborhood where particulate pollutant levels were already among the highest in the country.11 The project had the potential to exacerbate residents’ existing health risks from increased diesel emissions.
CARB had recommended that the developer create a buffer zone between State Route 60 and nearby sensitive land uses (such as residential neighborhoods, schools, and parks) to reduce local health risks. While the EIR certified for the project acknowledged increased pollutants, it was later discovered that the county did not adopt all feasible mitigation measures that were recommended by CARB to reduce air quality impacts. The county also stated that the recommended buffer zone was infeasible, but did not explore other options.12 Subsequently, in 2011, a lawsuit was filed by the CCAEJ with support from the broader community and the Attorney General of California, contesting the certified EIR. The resulting settlement mandated an EJ Element to be adopted for the newly incorporated Jurupa Valley.13 The Element was adopted prior to the development of the General Plan for the City.
Community Engagement Process
The community engagement process was led by a team that included a consultant, non-profit organization (CCAEJ), and City staff. The team held several meetings in affected neighborhoods, with translation services and child care provided by the City. During these community meetings, local residents identified environmental health priorities and developed strategies to address the main EJ issue, including areas to target future public investments, such as community parks, and the best solutions and areas to prioritize for mitigation measures, such as a restricted freight route in Mira Loma Village.
Outcome
The JVEJE was adopted on November 6, 2014. Since its approval, it has played an integral role in local land use decisions by ensuring a healthy environment for all residents, and by addressing geographic equity in land use, mobility, active living, and housing policies.14 The Element’s policies promote public facilities by investing in parks, and reduce pollution exposure by restricting development of any new freight routes near residential communities. The JVEJE covers all EJ topics targeted by SB 1000.
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As a stand-alone EJ Element, the JVEJE demonstrates the following qualities:
] EJ standards are implemented using measures that could track the city’s progress toward achieving the EJ goals of protecting public health and providing environmental and social equity to residents.
A comprehensive and accessible set of performance metrics is included to measure the city’s progress on achieving its EJ goals. ] Strategies for institutionalizing interdisciplinary partnerships are promoted to address EJ challenges and implementation strategies are clearly articulated..
] EJ goals that may not have been suitable to include other General Plans elements are given space in the EJ Element and prominence. ] Topics such as public facilities and services, which otherwise would be discussed in other elements of a General Plan, can be oriented with an EJ focus to ensure they benefit EJ communities in the EJ Element.
Key Lessons
Implementation of the JVEJE has resulted in multiple benefits in Jurupa Valley. The City has installed high-performance air-filtration units in homes throughout the Mira Loma area while also creating vegetative barriers to reduce exposure to air pollution. The City is also in the process of developing a restrictive truck route to prevent diesel trucks from traveling in close proximity to homes.
The JVEJE planning process offers the following lessons:
] At the neighborhood level, the Element was able to promote and accurately focus investments towards EJ issues because the EJ issues were identified by residents living in DACs.. The involvement of impacted residents in this manner helped prioritize issues and ensure efficient actions in the Element.
] The planning process meaningfully engaged community leaders and empowered them to shape investments in their community, helped the Element identify and prioritize the most effective projects to address EJ concerns.
] The Element exceeded State requirements for addressing EJ in General Plans at the time and serves as a model for EJ planning for the rest of the state. In 2015, the Element earned awards from the Inland Empire Section and California Chapter of APA.
] City staff used CalEnviroScreen, as well as Environmental Justice Screening Method (EJSM, see Chapter 3) to identify DACs and maintain a map of DACs within the city as a result of the planning process.
] Following completion of the JVEJE, the City recently adopted a strategy of voting by district to encourage election of decision makers who live in EJ communities that will help make a more equitable decision-making body.
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6.3 / Southwest Fresno
Specific Plan
The Southwest Fresno Specific Plan (SWFSP) was initiated by the City of Fresno in 2015 and, at the time this Toolkit’s assembly, is still being developed. The plan aims to develop a set of policies and actions to guide future development in a historically underserved, residential area of Fresno that bears environmental impacts from heavy industrial uses. The City used Community Development Block Grant funding to support this planning effort. As disclosure, the City of Fresno retained PlaceWorks as the primary consultant preparing the SWFSP, which can be accessed at https://www.fresno.gov/darm/planning-development/ plans-projects-under-review/#tab-06.
Community Characteristics
The City of Fresno is in Fresno County, in the Central Valley region of California. Fresno encompasses 112 square miles, mostly developed, and has extensive large-scale agricultural uses throughout the city. It is the fifth most populous city in the state and an economic center for the San Joaquin Valley. As of 2016, approximately 520,000 people lived in Fresno, and almost half identify as Hispanic or Latino. The SWFSP area is next to the downtown.
Why Fresno Planned for
Environmental Justice
Initially agricultural land, Southwest Fresno has gradually transitioned to include mostly residential and industrial areas, with some commercial uses. Many residential neighborhoods are in pockets adjacent to vacant land, agriculture, and/or industrial uses. In fact, various toxic and polluting land uses (such as truck routes, noise- or odor-producing industrial facilities, and sites containing hazardous materials) are or have been near residential areas and other sensitive land uses.
Case Study 6-3
Southwest Fresno Specific Plan
Location Central Valley
Community Type Urban
Population Size 494,665
Geographic Area 114.39 sq. mi
Key EJ Issue Air and water quality
Community Engagement
Process
Steering Committee
Community-Based
Organization Actively
Engaged
Leadership Counsel for Justice and
Accountability
Outcome Integrated policies within a Specific
Plan (Southwest Fresno Specific Plan)
Anticipated Adoption 2017
At the time of writing, the SWFSP area is one of the most polluted areas in California. Its census tracts have some of the highest CalEnviroScreen
3.0 (CES 3.0) scores for pollution burden and vulnerable population characteristics. Air pollution, toxic sites, former landfills, and other environmental pollutants are big factors in its high CES 3.0 score.
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As part of the planning process, an existing conditions profile was completed, and several concerns were presented to the planning team and community:
] Hazardous Sites. Contaminated sites have released hazardous materials into the groundwater, and underground water pollution requires remediation and intervention by State and federal agencies. ] Air Pollution. The American Lung Association gives the FresnoMadera region an “F” for air quality and considers it one of the most polluted regions in California. Major pollutants include diesel particulate matter and ozone.
] Toxic Emissions. Southwest Fresno is ranked in the worst 5 percent of all CalEnviroScreen census tracts when it comes to toxic releases. ] Groundwater Quality. Although Fresno’s drinking water meets primary and secondary standards for municipal use, it still has contaminants that must be treated or removed prior to consumption. Of the city’s 272 groundwater wells, 96 are impacted by one contaminant plume, 33 are impacted by two contaminant plumes, and 5 are impacted by three contaminant plumes. Eight wells supply water to southwest Fresno. Nitrate contamination is the most prevalent, caused by septic tanks, wineries, major farming operations, and agricultural chemical formulating plants. Several areas in southwest Fresno still remain without sewers.
Community Engagement Process
The SWFSP initiated a strong community engagement process to identify policies and propose land use changes that would reduce the impacts of pollution on the community. The engagement process focused on the key issues of fixing incompatible land uses, such as industrial uses near residential areas; planning for healthier land uses, such as parks, schools, residential neighborhoods; and healthy jobs. The chief component of the SWFSP engagement process is the SWFSP Steering Committee, which was authorized by the City to be a decision making body in the process. The SWFSP Steering Committee is made up of representatives from the community, community-based organizations, local agencies, developers, and other stakeholders. Other public participation formats, including workshops and community meetings, were also held. The SWFSP community engagement process was guided be a Community Engagement Plan that was prepared at the beginning of the planning effort.15
Over the course of two years, an iterative process that included several community meetings and workshops was held where over two hundred residents helped shape the preferred land use scenario map that was adopted by the city council. Various land use concepts and scenarios resulted from this work. Planning staff held “office hours” in communities where interested residents and community members could drop in to learn and share input on several topics, such as land use and transportation. During the steering committee process, community members and the public provided comments that directly influenced SWFSP Steering Committee’s deliberations on land use changes.
Outcome
On December 8, 2016, the Fresno City Council unanimously approved a preferred land use alternative featuring urban design concepts that remove all industrial uses from various neighborhoods. Adoption of the Specific Plan and Draft EIR is expected in the fall of 2017.
In addition to providing a vision for Southwest Fresno that focuses on healthy land uses and development capacities, the SWFSP specifically promotes EJ through three guiding principles.
] Guiding Principle 8: Employment areas in Southwest Fresno should be planned and zoned for “healthy” businesses. While more jobs in Southwest Fresno are desirable, the businesses that provide them must be healthy, safe, and good neighbors to the surrounding community. To ensure this good neighbor policy, new employment areas would be planned and zoned “Office,” and all previously zoned “Light Industrial,” “Heavy Industrial,” “Business Park,” or “Regional Business Park” areas would be planned and zoned “Office.” 128
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] Guiding Principle 11: The transportation network should be improved to serve all members of the community whether they wish to travel by car, bus, bicycle, foot, or wheelchair. Transit should be focused on corridors that have more intensive land uses. Truck routes should be located away from residential uses whenever possible. The draft preferred alternative identifies new transit connections along California, Jensen, and Elm Avenues.
These transit connections would run the entire length of the streets in the specific plan area and would provide connections to the Fresno Area Express and the future high-speed rail station in the downtown. Bus rapid transit will run along California and Elm Avenues.
] Guiding Principle 12: Urban Greening ideas and actions should be applied to Southwest Fresno. Urban greening leads to places that are more environmentally healthy. For Southwest Fresno, urbangreening actions should:
] Improve environmental health and address Southwest Fresno’s state ranking as one of the most overburdened communities by multiple sources of pollution and poor health outcomes. ] Create outdoor spaces that people care about, that are critical to having a healthy and active community.
] Integrate the natural environment with the built environment— including creek corridors, parks, and open spaces.
] Facilitate alternative modes of transportation, including safe walking, biking, and transit use.
] Increase urban tree canopy to create unified aesthetics along streets, provide much-needed shade, and improve environmental health. ] Manage stormwater on-site: cleanse, diffuse, and absorb rainwater by creating rain gardens, swales, infiltration areas, and other attractive areas that bring nature and beauty into developed areas.
Key Lessons
The following lesson can be drawn from the SWFSP planning process:
] The cross-sector approach to organizing the steering committee prompted participation from diverse perspectives and interests.
These perspectives, as well as comments from community members and the public, motivated decision makers to embrace the preferred land use scenario.
] Community-based organizations promoted the planning workshops through their networks and held meetings at times and locations where the community felt comfortable. These organizations also divided the larger planning effort into “bite sized” pieces, which facilitated meaningful input to develop the preferred alternative and plan policies.
] The City and committee members were committed to seeing the process through, and an outside facilitator was provided to lead the SWFSP Steering Committee discussions. The facilitator guided committee deliberations over several meetings until they arrived at final decisions. The committee demonstrated further success by meeting quorum at each meeting, which allowed the committee to vote and formally act on its decision making powers.
] The committee agreed to define roles and a decision-making structure early on. Acknowledging that a consensus-based process would not be feasible given its size, the committee agreed to a twothirds majority voting rule, which helped ensure deliberations move forward with the plan’s project schedule.
] The process was championed by an elected official who helped sustain momentum and provided a key link between residents and decision makers. This official demonstrated dedication to the process by regularly attending workshops and steering committee meetings. The official also ensured adequate funding for the process and advocated for an environmental health vision in the preferred scenario.
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6.4 / Los Angeles’ Clean Up
Green Up Ordinance
The City of Los Angeles adopted “Clean Up Green Up” (CUGU)— which can be accessed at https://www.documentcloud.org/ documents/3514358-Los-Angeles-2016-Clean-Up-Green-UpOrdinance.html—to address prevalent EJ-related issues. The ordinance focused on reducing exposure to pollutant emissions and reducing other health-related impacts in three “toxic hotspots” communities in Los Angeles. The US EPA and CalEPA supported the ordinance, and communities across the country have explored the adoption of similar ordinances (including Long Beach, California; Minneapolis, Minnesota; and Los Angeles County, which has established a Green Zones Taskforce).16
Community Characteristics
The CUGU campaign focused on addressing EJ issues in three Los Angeles neighborhoods: Pacoima, Boyle Heights, and Wilmington:
] Pacoima/Sun Valley (which means “rushing water” in the Tongva language) is one of the oldest communities in the San Fernando Valley region of Los Angeles.17 This once agricultural community was originally settled by African-Americans and immigrants who had trouble finding homes in other, less racially-diverse communities.
For many years it has been an attractive area for individuals employed in nearby automobile and aircraft manufacturing plants.
The area is bordered by a railroad, a private airport, three freeways, seven active landfills, manufacturing uses, salvage yards, and auto body shops. One area is known as “Dismantler Row” for its metal recyclers, trucking yards, rock cutters, salvage yards, and auto body shops. The cumulative impact of these pollution sources makes Pacoima one of the most heavily impacted communities in the state, according to CalEnviroScreen 3.0. There are higher rates of asthma in Pacoima than in other areas within the region, and an inadequate amount of open space and parks for the population.
Demographically, the community is 85 percent Latino and mostly working class.
] Boyle Heights is east of and across the Los Angeles River from downtown LA. The area has been an affordable housing enclave for many immigrant working families, and it is one the county’s densest communities. Demographically, the community is 94 percent Latino, and 77 percent are renters. The East Los Angeles Interchange in Boyle Heights is one of the busiest and most congested freeways Case Study 6-4
Los Angeles Clean Up Green Up Ordinance
Location Los Angeles
Community Type Urban
Population Size 3,792,621
Geographic Area 502.76 sq. mi.
Key EJ Issue Air quality
Community Engagement
Process
Community-based organizations, City
Council
Community-Based
Organization Actively
Engaged
L.A. Collaborative for Environmental
Health and Justice
Outcome Ordinance (Clean Up Green Up
Ordinance)
Anticipated Adoption April 2016
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in the country, carrying over 500,000 cars each day. The area is bordered by interstate highways, rail yards, auto shops, and factories; manufacturing was once concentrated heavily in the community and supported the regional economy. Although the area is still characterized by a mix of industrial and residential land uses, manufacturing activity has declined, leaving behind contaminated sites and unemployment.
] Wilmington and the surrounding areas have the highest concentrations of oil refineries in California. The community is also next to the San Pedro Bay Port Complex, the largest and most polluting port complex in the country. Demographically, the community is 90 percent Hispanic or Latino, and a quarter of residents live below the poverty line. The large quantities of goods moving in and out of the Long Beach and Los Angeles ports require a massive infrastructure of highways, roadways, and rail. These transport corridors often run through or adjacent to residential areas in Wilmington. In addition to the impacts of the ports, refineries, and other industrial operations, oil drilling and contaminated land have impacted the health of community.
Why LA Planned for Environmental
Justice
CalEnviroScreen identifies all three neighborhoods in the top 5 percent of communities in California with the highest pollution burdens and socioeconomic vulnerabilities. Further studies show that higher rates of asthma and other health issues are prevalent in these neighborhoods, which are less than 1,000 feet from a freeway. The three communities also have higher rates of cardiovascular and respiratory disease, higher obesity rates, and more traffic-related injuries or deaths to pedestrians and cyclists compared to other areas of Los Angeles. Moreover, the risk of cancer is three times higher than in other areas of Los Angeles.
The CUGU campaign and resulting ordinance sought to address these severe community health issues by reducing the amount of pollutants emitted from freeways, truck depots, warehouses, rail yards, and oil refineries.
Community Engagement Process
Community engagement was led by the LA Collaborative for Environmental Health and Justice, a grassroots group comprised of members from pollution-burdened neighborhoods that formed in 2006 to combat the issue of citywide industrial pollution through a systemic, policy solution. Their efforts led to the development of the CUGU policy proposal, which was introduced by Councilmember Huizar before the city council in January 2011. While Huizar oversaw drafting of the ordinance—through his role as chair of the planning and land use management committee18-- the LA Collaborative led a grassroots campaign of the same name to identify concerns and gather input for the policymaking process as well as help the proposed ordinance gain public support and move forward. The CUGU campaign involved datadriven research and analysis, community organizing, coalition building, and collaboration with elected officials and city staff. The campaign held discussions over the proposed ordinance for more than five years to ensure that it adequately balanced the concerns of community members, business owners, and employees.19
A community-based ground-truthing process was a key component of the CUGU campaign. This effort, funded by the Liberty Hill Foundation and supported by various researchers from different universities— University of Southern California’s Program for Environmental and Regional Equity, Occidental College, and the University of California, Berkeley, School of Public Health—facilitated a process where community members:
] Verified the locations of air toxic facilities listed by the State. ] Monitored air quality and identified the types and number of facilities they believed to be toxic (for example: auto repair shops and other industrial uses that produce runoff).
] Identified additional sensitive land uses, such as family-based daycare centers and churches with senior day programs. ] Informed neighbors about the planning process.
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] Defined industries of concern that need to be in the policy, such as metal plating, auto repair shops, and industrial warehousing. ] Reviewed official industrial classifications and identified those they believed to be the most harmful, which were prioritized to be included in the policy.
] Visited each other’s neighborhoods to compare similarities and differences among communities.
Through this process, participants documented not only individual causes of air pollution and other health-related impacts, but the concentration of many sources, large and small, that added up to create a cumulative health burden. Next, the city conducted a series of public workshops in partnership with community-based organizations (CBOs), who worked hard to ensure broad attendance at each workshop by reaching out to residents and businesses. In public testimony before the council, a large number of residents, employees, and business owners expressed support for the ordinance.
Outcome
On Earth Day (April 22, 2016), Mayor Garcetti signed the Clean Up Green Up Ordinance into law with unanimous support from the LA City Council, which went into effect in June 2016. This EJ ordinance established pilot “supplemental use districts” in the affected communities of Boyle Heights, Pacoima/Sun Valley, and Wilmington.
These districts implement the concept of “Green Zones,” which are a “place-based strategy that uses community-led solutions to transform areas overburdened by pollution into healthy thriving neighborhoods” that was developed by y community residents and coalition partners.20 The ordinance seeks to reduce cumulative environmental health impacts from the concentration of pollution in these areas, while promoting environmentally sound and sustainable development that benefits both residents and businesses. Specifically, the ordinance establishes new development standards to govern many new and/or expanded industries in the affected communities:
] Proper building and mechanical enclosures to prevent fugitive emissions.
] “No Idling” signage for diesel trucks at warehouses and other industrial facilities.
] “Buffer zones” or distance setbacks of 500 feet between new or expanded auto-related uses and residences.
] Improved site planning features such as proper trash enclosures, materials storage, fencing, height and yard setbacks, outdoor lighting, landscaping, and surface parking lot design.
] New provisions for demonstrating compliance with noise standards and proper mitigations.
] New signage on municipal buildings within 1,000 feet of freeways warning of the health hazards of chronic exposure to vehicle exhaust and particulate matter.
The ordinance also established a new citywide requirement that all residential and commercial development within 1,000 feet of a freeway must install high-grade MERV-13 air filters to reduce exposure to cancercausing and toxic emissions. Furthermore, the ordinance requires the construction of new or expansion of existing oil refineries in the city to obtain a conditional use permit, including submittal of a health impact assessment and a truck routing plan to minimize traffic near sensitive land uses. The ordinance is also reflected in the Health and Wellness Element of the city’s General Plan and “Sustainable City Plan.” The CUGU Ordinance created an ombudsman (or ambassador) position in the Bureau of Sanitation to support local businesses with navigating the permitting process and to help business owners access environmental and economic assistance programs to comply with regulatory standards. The ombudsman also responds to community complaints and coordinates city departments and other regulatory agencies to follow up with any “nuisance” business that continues to violate standards.
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Finally, the ordinance created a new development framework to attract new investment that promotes environmental health in communities, such as electric vehicle infrastructure and urban greening projects, by leveraging monies to implement programs supported by the Greenhouse Gas Reduction Fund.
Key Lessons
The following achievements and challenges can be elicited from the Los Angeles CUGU planning process:
] The work accomplished by the LA Collaborative produced a community-driven process that represented the perspectives of residents and businesses. This demonstrated that CBOs with the staff to actively participate in the planning process are more successful in effecting broad-based and inclusive engagement when they have financial support.
] Educating the community about environmental health topics helps facilitate meaningful engagement. Academic resources can be leveraged to create an accurate “on-the-ground” description of conditions within the community.
] CBOs working with members or constituents who live in the most impacted areas are highly effective in recruiting residents for the planning process, setting a strong foundation for partnership with the city.
] Strengthening connections among diverse neighborhoods helped develop leaders in the campaign. These local leaders were empowered to work actively in the community to support a framework for healthy development during the development of the ordinance.
] Opponents of the ordinance argued that it created both additional and redundant regulations without adequate incentives for businesses to make environmental improvements. Their opposition led to some recommendations by the community not being included in the final ordinance (including stricter permitting requirements on oil refineries and a requirement that new housing developments near freeways display signs warning of the health risks from trafficinduced air pollution).21 Chapter 6 / Case Studies
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At the plan’s inception, the community’s main concerns were: 1) affordable housing, 2) predatory lending and the foreclosure crisis, 3) air quality impacts from a proposed new oil refinery project, 4) poor air quality from freeways adjacent to residential neighborhoods, 5) a high unemployment rate, and 6) a large number of vacant lots.
6.5 / Richmond Community
Health and Wellness Element
Richmond was first city in California to initiate planning efforts to develop a community health and wellness element (CHWE) as part of its General Plan—which can be accessed at http://www.ci.richmond. ca.us/2608/General-Plan-2030. In addition, the plan includes integrated policies that promote public health in other elements, noted by cross-references at the end of each policy.
Community Characteristics
Located in Contra Costa County in the San Francisco Bay Area, Richmond is ethnically and linguistically diverse. It encompasses about 56 square miles and has 32 miles of shoreline along the bay. The city has a deepwater port and a number of transit lines that connect it to the region and the rest of the state. The local economy includes many industrial and manufacturing jobs, and 19 percent of its land is zoned for industry.
As of 2010, when the General Plan was written, about 104,000 people resided in Richmond.22
Why Richmond Planned for
Environmental Justice
The city’s industrial corridor includes pollution sources from large oil refineries, diesel truck traffic, and railways. Public health impacts on residents who live in close proximity to these emissions and contaminated sites include a higher prevalence of respiratory diseases, reduced lung growth, and high rates of heart disease as well as health impacts from excessive noise.23 As a result, Richmond’s residents have higher mortality rates from heart disease, diabetes, and stroke than the Contra Costa County average. In addition, children living in Richmond are almost twice as likely to go to the hospital with asthma as children nationwide.
Case Study 6-5
Richmond Community Health & Wellness Element
Location San Francisco Bay Area
Community Type Urban
Population Size 103,701
Geographic Area 52.51 sq. mi.
Key EJ Issue Air quality specifically, and public
health broadly
Community Engagement
Process
Advisory Committee
Community-Based
Organization Actively
Engaged
Richmond Equitable Development
Initiative (REDI)
Outcome General Plan Element (Health &
Wellness Element + integrated policies
within a General Plan)
Anticipated Adoption April 2012
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Outcome
The final draft General Plan included 15 elements and was adopted by the Council on April 24, 2012. It included the CHWE, and related health policies woven into almost every other element. The adoption of both a stand-alone CHWE and integrated policies throughout the General Plan demonstrated interconnections between EJ topics and calls for interagency coordination. For example, policies that address transportation equity and promote multi-modal access that were included in the Circulation Element calls for involvement of Richmond’s Department of Transportation to implement EJ goals.
Another outcome of the process was a Health in All Policies (HiAP) strategy that broadens the framework of public health beyond addressing health-care access to address health inequities resulting from the built environment. The HiAP strategy uses several indicators to measure progress toward achieving the plan’s vision, including:
] The percentage of children not diagnosed with asthma. ] The percentage of residents who rate air quality in Richmond as excellent or good.
] The percentage of residents who rate preservation of natural areas as excellent or good.25
In summary, the plan demonstrated the city’s ability to play an active role in promoting public health by making decisions about the built environment that can ensure quality housing as well as equitable access to healthy jobs, parks, and food. The plan’s policies address topics that range from healthy food stores and urban gardens to air-quality monitoring and living-wage jobs.
In order to address these issues, the city focused its General Plan efforts on conserving energy and natural resources, improving air quality, protecting open and green spaces, reducing the impact of contaminated sites, and mitigating environmental hazards and noise pollution. The city also sought to build climate-resilient communities and increase equitable access to open space and natural habitats to provide opportunities for physical activity, which increases positive mental health and well-being.
Community Engagement Process
The General Plan update process began in 2006 and was led by city staff and consultants. Initially, the engagement strategy consisted mostly of traditional methods such as mailers and newsletters that announced upcoming meetings to the public. However, those meetings suffered from low attendance, and the City reworked its engagement strategy by reaching out to groups who were already actively working on the issues that the plan addressed, connecting with community-based organizations, and attending numerous community events. Building Healthy Communities, a California Endowment initiative, became a key partner that provided funding to support the Community Health and Wellness Element process, and advocated for the participation of the REDI coalition in the community engagement process. The REDI coalition’s members represent a cross-section of the Richmond community, including four base-building groups engaged in organizing throughout the city, the UC Berkeley Center for Community Innovation, and others. The General Plan update process aligned with their mission to promote equitable development and build community power in the process.
Development of the CHWE was guided by a council-appointed, 37-member General Plan advisory committee, a dedicated technical advisory group, and a consultant team that facilitated community meetings in neighborhoods throughout Richmond.24 The General Plan advisory committee included members of CBOs that were engaged in the process. The plan was developed over seven years.
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Key Lessons
The following achievements and challenges can be taken from the Richmond’s General Plan update planning process:
] The creation and adoption of the CHWE demonstrated the City’s ground-breaking role in contributing to sustainability and public health, which can serve as a model for other communities and planners who are also addressing public health issues through a General Plan process.
] The plan continues to be supported by the community during implementation, which is partly a result of the effective community engagement strategy.
] The CHWE provides a useful example for how social equity language can be incorporated into a General Plan. The element explicitly links public health to local land use, economic development, transportation, and housing policies.
] The Richmond Equitable Development Initiative, or REDI, coalition acted as a bridge between different stakeholders in the community, which helped people see their shared interests. Their role helped to strengthen relationships between different groups in the community and between community groups and decision makers.
] A significant amount of outside funding supported creation of the plan. The City received funding from the Ford Foundation’s Regional Equity Demonstration Project, while the CHWE was supported by the California Endowment with technical assistance from PolicyLink.
Endnotes
1 City of National City, California. (2012). General plan, page 2-4. Retrieved from http://www.nationalcityca.gov/about-us/documents/general-plan 2 County of San Diego, Health and Human Services Agency. (2009). Community Health Statistics Unit. Retrieved from http://www.sandiegocounty. gov/hhsa/programs/phs/community_health_statistics/
3 City of National City, California. (2012). General plan, page 2-3. Retrieved from http://www.nationalcityca.gov/about-us/documents/general-plan 4 Environmental Health Coalition. (2003). Building healthy communities from the ground up: Environmental justice in California. Berkeley, CA: Inkworks Press. Retrieved from http://www.reimaginerpe.org/files/healthy-communities.pdf 5 City of National City, California. (2012). General Plan, page 2-4. Retrieved from http://www.nationalcityca.gov/about-us/documents/general-plan 6 City of National City, California. (2012). General Plan, page 2-4. Retrieved from http://www.nationalcityca.gov/about-us/documents/general-plan 7 State of California, Department of Justice, Office of the Attorney General. (September 8, 2011). News Release: Attorney General Kamala D. Harris Seeks to Join Suit to Protect Public Health in Mira Loma. Retrieved April 7, 2017 from http://ag.ca.gov/newsalerts/print_release.php?id=2560 8 State of California, Department of Toxic Substances Control. (2010).
Supplemental Environmental Projects. Retrieved April 21, 2017 from http:// www.dtsc.ca.gov/GetInvolved/SEP/SEPs.cfm
9 City of Jurupa Valley, California. (2017). Draft General Plan 2017. Retrieved from http://www.jurupavalley.org/Departments/Development-Services/Planning/General-Plan 10 State of California, Department of Justice, Office of the Attorney General. (2011, September 8). News Release: Attorney General Kamala D. Harris Seeks to Join Suit to Protect Public Health in Mira Loma. Retrieved April 7, 2017, from http://ag.ca.gov/newsalerts/print_release.php?id=2560 11 Sahagun, L. (2011, September 9). California joins suit against Inland Empire warehouse project. Retrieved April 7, 2017 from: http://articles.latimes. com/2011/sep/09/local/la-me-pollution-suit-20110909
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12 State of California Department of Justice, Office of the Attorney General. (2011, September 8). News Release: Attorney General Kamala D. Harris Seeks to Join Suit to Protect Public Health in Mira Loma. Retrieved April 7, 2017 from http://ag.ca.gov/newsalerts/print_release.php?id=2560 13 City of Jurupa Valley, California. (2017). Draft General Plan 2017, Environmental Justice Element, page 4. Retrieved from http://www.jurupavalley. org/Departments/Development-Services/Planning/General-Plan 14 Civic Solutions. (n.d.). Jurupa Valley Environmental Justice Element. Retrieved April 7, 2017 from http://civicsolutions.com/our-work/environmental-justice-element-for-jurupa-valley/ 15 City of Fresno, California. Development and Resource Management Department. Retrieved April 7, 2017 from https://www.fresno.gov/darm/ wp-content/uploads/sites/10/2016/11/SWFSPCommunityEngagementPlanDraft.pdf 16 Barboza, T. (2016, April 13). L.A. City Council adopts rules to ease health hazards in polluted neighborhoods. Retrieved April 11, 2017, from http://www.latimes.com/local/lanow/la-me-pollution-protection-20160412-story.html 17 American Red Cross. (n.d.). Pacoima. Retrieved April 7, 2017 from http:// preparesocal.org/pacoima/
18 Huizar, J. (n.d.). ‘Clean Up Green Up’ to reduce pollution in three L.A. toxic hotspot communities. Retrieved April 11, 2017, from http://www.josehuizar.com/cugu 19 Clean Up Green Up Campaign. (n.d.). Retrieved April 7, 2017 from https:// cleanupgreenup.wordpress.com/
20 California Environmental Justice Alliance. (2017). Green Zones across California: Transforming toxic hotspots into healthy hoods. Retrieved from https://www.libertyhill.org/sites/libertyhillfoundation/files/ GZGR_2017-full-report_0.pdf
21 Barboza, T. (2016, April 13). L.A. City Council adopts rules to ease health hazards in polluted neighborhoods. Retrieved on April 11, 2017, from http://www.latimes.com/local/lanow/la-me-pollution-protection-20160412-story.html 22 City of Richmond, California. (2012, April 25). General Plan 2030. Retrieved April 11, 2017 from http://www.ci.richmond.ca.us/2608/General-Plan-2030 23 City of Richmond, California. (2013). HiAP Strategy, page 31. Retrieved April 11, 2017 from http://www.ci.richmond.ca.us/DocumentCenter/ View/28771
24 City of Richmond, California. (2015). Health in All Policies Report. Retrieved April 11, 2017, from http://www.ci.richmond.ca.us/DocumentCenter/ View/36978
25 City of Richmond, California. (2013). Health in All Policies Toolkit. Retrieved April 11, 2017, from http://www.ci.richmond.ca.us/DocumentCenter/ View/27173
FUNDING SOURCES AND OTHER
TYPES OF ASSISTANCE
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Potential Funding
Sources and Other
Types of Assistance
Although the State requires local jurisdictions to adopt a General Plan, including an Environmental Justice Element or integrated EJ policies, the State does not provide funds to support these efforts. Therefore, it is important for local governments to consider ways in which they can fund planning and SB 1000 efforts in particular.
With that in mind, this chapter considers potential funding sources that can support preparation of an EJ Element or integrated EJ policies.
Funding availability depends on administration changes, budget allocations, continued program existence, and application deadlines.
Please refer to the links and sources for each potential funding source in this chapter to confirm availability of funding. Potential funding sources exist at the local, regional, state, and federal levels as well as through private philanthropic sources. Some of these funds can be used for planning in general, while some are dedicated to specific EJ objectives such as food access, safe and sanitary homes, and water quality.
This chapter also discusses several technical assistance programs that can provide expert consultation on specific topics in order to help cities and counties learn more about a specific topic or method to achieve certain tasks. Services may be provided on-site or remotely, and can vary in the degree of support. Technical assistance sources available to local jurisdictions in support of SB 1000 objectives include the US Environmental Protection Agency (US EPA), metropolitan planning organizations (MPOs), councils of governments (COGs), and the Prevention Institute.
7.1 / Local Funds
SB 1000 implementation efforts can be funded through levied fees or through a jurisdiction’s General Fund. The costs to update a General Plan depend upon the size and complexity of a jurisdiction, the scope of work, the level of public involvement, and the environmental review processes. Depending on these factors, the total cost can vary from several hundred thousand dollars up to several million dollars. Due to the potentially significant cost of updating a plan, many jurisdictions tend to update elements piecemeal, at least two elements at a time.
Therefore, it is feasible to create a new EJ Element or set of integrated EJ policies as part of a larger General Plan update process.1 General Plan Maintenance Fee
Government Code Section 66014(b) allows local agencies to charge fees to cover the “costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary [planning and permitting] findings and determinations,” including the maintenance of the General Plan. Based on this legal allowance, many jurisdictions levy a “General Plan Maintenance Fee” on some or all new development within their boundaries. Although a flat fee is sometimes charged, such fees are generally based on either the cost of other permit fees or the value of improvements proposed in building permit applications, and can be in the range 1.25 percent to 15 percent of total permit fees or 50 cents to 2 dollars per $1,000 of building value.2
General Fund
Costs associated with producing a General Plan can be paid from a jurisdiction’s General Fund. The General Fund includes revenue from taxes as well as other, non-dedicated sources of funding. Based on the scope of a particular General Plan update, the General Fund may be adequate to cover its costs, particularly if the costs are spread over several fiscal years.3
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] Green Region. Natural resource plans, climate action plans, and GHG reduction programs4
] In 2017, about $2 million was allocated in grant awards up to $200,000 each. Agencies who previously received an Active Transportation Program grant are not eligible to apply. Information on the SCAG Sustainability Planning Grants Program can be found at http://sustain.scag.ca.gov/Pages/Grants and Local Assistance/ GrantsLocalAssistance.aspx.
ABAG/MTC
The Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) serve San Francisco, Alameda, Contra Costa, Marin, Santa Clara, San Mateo, Napa, Solano, and Sonoma counties.
ABAG and MTC established the One Bay Area Grant (OBAG) program in 2012 to support implementation of its SCS. ABAG and MTC distribute OBAG funds to each of their nine Bay Area county members through regional- and county-level programs that support development in “priority development areas,” which are areas identified for investment, new homes, and job growth, and development of new housing through the Regional Housing Need Allocation process. Cities and counties can use OBAG funds for:5
] Local street and road maintenance
] Streetscape enhancements
] Bicycle and pedestrian improvements
] Transportation planning
] Safe Routes to School projects
] Priority Conservation Areas
] The regional program is managed by MTC, and the counties’ programs are managed by the Bay Area congestion management
7.2 / Regional Grants
Many regional planning agencies, such as MPOs and COGs, offer funding sources and technical assistance that can be used for EJ planning. In many cases, this funding is tied to implementation of a regional sustainable communities strategy (SCS), which must be adopted by each regional planning agency under SB 375 as part of its regional transportation plan (RTP). The SCS contains land use, housing, and transportation strategies that help each region meet statewide greenhouse gas (GHG) emission reduction targets that are set forth by the California Air Resources Board.
Many regional planning agencies have developed funding programs to assist a local jurisdiction in implementing their regional SCS.
This section provides information about funding sources available through MPOs and COGs to develop or implement programs that achieve the goals of an adopted SCS, as well as other relevant regional planning funds. Although some MPOs and COGs may not have funding programs in place, each agency takes a proactive approach to address the issues that are important to its region and administers programs that are reasonable and appropriate. MPOs and COGs that are not listed here do not have specific funding programs in place.
SCAG
The Southern California Association of Governments serves Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties.
The SCAG Sustainability Planning Grants Program provides direct technical assistance and funding to its member jurisdictions to support local implementation of its SCS through planning and policy programs.
The available funding is targeted toward the following categories:
] Integrated Land Use. Sustainable land use planning, transit oriented development, and land use and transportation integration ] Active Transportation. Bicycle, pedestrian, and Safe Routes to School plans
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agencies. The second round of funding for ongoing projects will be awarded in fall of 2017, and capital projects will be awarded in 2018. The total funding amount is anticipated at about $916 million. Information on OBAG can be found at http://mtc.ca.gov/ our-work/invest-protect/focused-growth/one-bay-area-grants.
SANDAG
The San Diego Association of Governments is a one-county MPO and serves as the sales tax authority for TransNet, a county transportation sales tax that funds the competitive TransNet Smart Growth Incentive Program and TransNet Active Transportation Grant Program. The Active Transportation Grant Program is also funded by Transit Development Act funds. Both programs seek to support local government efforts to expand walking, biking, and transit usage throughout the region and can be found at http://www.sandag.org/ index.asp?classid=12&projectid=491&fuseaction=projects.detail. A summary and interactive map of all TransNet-funded projects can be accessed at http://transnetmap.sandag.org/.
SANDAG’s Healthy Works Phase II is a program initiated in 2012 that includes a number of projects aimed at improving public health through land use and transportation planning activities. These activities include completion of the “Health Benefits and Impacts Analysis” tool of a regional transit project and providing technical assistance to local health impact assessment efforts.6 . The Healthy Works Phase II may serve as a key resource in pursuing SANDAG grants and may be found at http:// www.sandag.org/index.asp?projectid=381&fuseaction=projects. detail.
AMBAG
The Association of Monterey Bay Area Governments is the MPO and COG for Monterey, San Benito, and Santa Cruz counties. Some duties that AMBAG focuses on in its regional transportation planning role are managing the region’s transportation demand model; preparing regional housing, population, and employment forecasts for the purposes of regional plans; and collaborating with cities to create General Plan policies and regulations that align with the vision of the SCS.
AMBAG’s recently-completed Sustainable Communities Strategy Implementation Project supports implementation of its SCS through a series of toolkits, created in collaboration with local jurisdictions, that focus on infill housing, transportation strategies, and economic development. The toolkits can be found at http://www.ambag.org/ programs-services/planning/metro-transport-plan/sustainablecommunities-strategy-implementation.
BCAG
The Butte County Association of Governments is the MPO serving Butte County and adopted an SCS in 2016. BCAG is responsible for regional transportation plans and for securing transportation funding for its region.7 The MPO provides technical assistance to local communities and administers several transportation programs. Information on the BCAG SCS can be accessed at http://www.bcag.org/Planning/RTP-- SCS/index.html.
Fresno COG
The Fresno COG serves as the MPO for Fresno County and adopted an SCS in 2015. The Fresno COG provides grant funding through Community Development Block Grants (CDBGs) that may be considered for EJ planning purposes. Fresno COG’s EJ Advisory Committee and EJ Equity Analysis Report may serve as an important reference when preparing grant applications, and it can inform engagement strategies on regional EJ planning efforts. More information can be accessed at http://www.fresnocog.org/environmental-justice.
Kern COG
The Kern COG serves as the MPO for Kern County and adopted an SCS in 2014. Currently, no public information is available on funding programs to support SCS implementation. However, Kern COG is recognized at Chapter 7 / Funding Sources & Other Types of Assistance 141
the national and state levels for its focus on environmental justice and public engagement during the development of its RTP.8 Kern COG’s RTP may be a useful resource for Kern County jurisdictions seeking funding to support local EJ planning efforts and can be accessed at http://www. kerncog.org/transportation-overview/regional-transportation-plan.
KCAG
The Kings County Association of Governments is the MPO for Kings County and adopted an SCS in 2014. KCAG works closely with the Kings County Department of Public Health and the Kings County Diabesity Coalition to promote active transportation. KCAG adopted a regional Climate Action Plan (CAP) in 2014 that seeks to reduce GHG emissions through measures addressing topics of transportation, land use, energy, and natural vegetation. The CAP may be a useful resource for KCAG jurisdictions seeking funding to support local EJ planning efforts and may be accessed at http://www.kingscog.org/climate.
MCTC
The Madera County Transportation Commission is the regional transportation planning agency (RTPA) and MPO for Madera County and adopted an SCS in 2014. In 2015, MCTC launched its Sustainable Energy Roadmap, which provides free resources and technical assistance to San Joaquin Valley jurisdictions and disadvantaged communities to help implement sustainable development policies and programs to benefit environmental, economic, and social equity goals. The Sustainable Energy Roadmap can be found at http://www.cleanenergyroadmap. com/about/sustainableenergyroadmap/.
9 SACOG
The Sacramento Area Council of Governments is the MPO for the region that includes El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba counties and adopted its current SCS in 2016. SACOG provides technical assistance and grant funding for a wide range of programs funded by State Cap-and-Trade Auction proceeds. More information on SACOG programs can be accessed at https://www.sacog.org/cap-andtrade-state-funding-opportunities.
SJCOG
The San Joaquin Council of Governments serves as the MPO for San Joaquin County and adopted an SCS in 2014, which is in the process of being updated for adoption by 2018. SJCOG administers the Measure K Bicycle, Pedestrian, and Safe Routes to School Smart Growth Incentive Program, which has made approximately $65 million, available until 2021 for local jurisdictions—potentially in partnership with non-profit organizations, businesses, and community groups— to pursue improvements that increase connectivity, accessibility, and mobility needs as well as support infill development, neighborhood revitalization, and downtown improvements.10 Information on the expenditure plan and program guidelines can be accessed at http:// sjcog.org/353/Call-for-Projects.
SLOCOG
The San Luis Obispo County Council of Governments serves as the MPO for San Luis Obispo County and adopted an SCS in 2014, which is in process of being updated for adoption by 2019. In 2017, SLOCOG amended its SCS to include an EJ program and provide a regional definition of disadvantaged communities, added as Appendix O. More information on SLOCOG’s SCS and Appendix O can be found at http:// www.slocog.org/programs/regional-planning/2014-rtpscs.
SRTA
The Shasta Regional Transportation Agency is the MPO serving Shasta County and adopted an SCS in 2015. SRTA administers funding acquired from the Strategic Growth Council (SGC) Affordable Housing and Sustainable Communities Program through its Infill and Redevelopment Incentive Program to support implementation of the RTP/SCS and 142
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7.3 / State Grants
State funding sources available to local jurisdictions for addressing SB 1000 objectives include those from the SGC, the California Department of Food and Agriculture (CDFA), the California Department of Transportation (Caltrans), the California Environmental Protection Agency (CalEPA), and the State Water Resources Control Board (SWRCB).
The state budget consists of both federal (40 percent) and state (60 percent) funds. Approximately 75 percent of the state budget will flow to local jurisdictions (e.g., schools, community colleges, cities and towns). The General Fund dedicates 32 percent as well as special funds to support health and human services, which aligns with many EJ objectives discussed in this Toolkit. The governor introduces a budget bill to the legislature each January, which is updated and revised each May. The governor then signs or vetoes the bills in the budget package from the legislature, but cannot increase the amount of spending for any program.13
State grants can be received and applied for through Financial Assistance Application Submittal Tool (FAAST), an online grant management system that is administered by the SWRCB but facilitates grant applications for multiple state agencies. Some grant programs require pre-applications through FAAST to evaluate eligibility. FAAST can be accessed at http://faast.waterboards.ca.gov/.
Caltrans
This section describes Caltrans grant programs relevant to implementing SB 1000.
Sustainability Planning Grants
The Caltrans Sustainable Transportation Planning Grant Program supports transportation planning projects statewide and administers two grants that aim to support regional SCS and achieve state GHG facilitate joint public-private-sector project proposals. SRTA provides pre-development funding and grant writing technical assistance as program incentives.11 Information on the program can be accessed at http://www.srta.ca.gov/222/Strategic-Growth-Council-SGC-Grants.
StanCOG
The Stanislaus Council of Governments is the MPO serving Stanislaus County and adopted an SCS in 2014. Before that, in 2011, StanCOG prepared an Environmental Justice Report to evaluate its transportation programs as part of compliance with federal Executive Order 12898 for addressing environmental justice. The report may be a resource to guide grant applications and engagement strategies on future EJ planning efforts, and it can be accessed at http://www.stancog.org/eja.shtm.
WRCOG
The Western Riverside Council of Governments is the MPO serving the Western Riverside County. WRCOG administers a Healthy Communities program that provides resources and technical support to help member jurisdictions create healthy communities by focusing on increasing access to health care, improving air quality and the built environment, and supporting healthy communities initiatives. This program—found at http://www.wrcog.cog.ca.us/171/Healthy-Communities—provides three initiatives:12
] Healthy Communities Element Template. Tool that provides guidance on making policy connections between health, economics, social welfare, and the environment.
] Health Indicators Memorandum. Document that describes priority health concerns in the county and information to help assess health co-benefits that can result from GHG emissions reduction strategies.
] Healthy Communities Briefs. Briefs that provide information on specific health topics as well as improvement strategies and examples of successful efforts.
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reduction goals. Eligible applicants include MPOs, RTPAs, cities and counties, transit agencies, and Native American tribal governments.
Information on the Caltrans grant program and future grant cycles can be accessed at http://www.dot.ca.gov/hq/tpp/grants.html. 14 ] Sustainable Communities Grants are targeted toward local and regional planning efforts that further regional RTP/SCS goals, including addressing EJ and the needs of DACs. MPOs will receive $12.5 million in formula funds, and an estimated $12.38 million in competitive grants is available for the fiscal year 2017-18 grant cycle. The program requires an 11.47 percent local match.
Grant amounts range from a minimum of $100,000 ($50,000 for disadvantaged communities) to a maximum of $1,000,000. Some sample projects include:
] Studies that address EJ issues in a transportation-related context.
] Studies that advance a community’s effort to reduce transportation-related GHG. ] Studies that assist transportation agencies in creating sustainable communities. ] Health and transportation studies, including health equity transportation studies and other plans that incorporate health. ] Long-range transportation plans for tribal governments. ] Adaptation Planning Grants are targeted toward planning actions that advance climate change adaptation efforts in transportation systems at the local and regional levels. An estimated $7 million in competitive grants is available for the fiscal year 2017-18 grant cycle, and the program requires an 11.47 percent local match. Grant amounts range from a minimum of $100,000 to a maximum of $1,000,000. Some sample projects include:
] Climate vulnerability assessments
] Resilience planning
] Transportation infrastructure adaptation plans
Environmental Justice and CommunityBased Transportation Planning The EJ and CBTP grant programs are funded by about $6 million in state local assistance dollars each year, pending approval of the state budget.
The program requires a 10 percent local match. More information about how to apply can be found at http://www.dot.ca.gov/hq/tpp/offices/ ocp/ej_cbtp_toolbox.html.
] EJ Grants seek to increase community involvement among vulnerable populations in planning for transportation projects, specifically focusing on low-income and communities of color as well as Native American tribal governments. In many cases, these communities do not have the resources to influence transportation decisions and project outcomes. Eligible projects would focus on either preventing or mitigating disproportionate negative impacts while improving mobility, access, safety, and opportunities for affordable housing an economic development.
] CBTP Grants supports livable and sustainable community concepts with a transportation or mobility objective to promote community identity and quality of life. The program also encourages community involvement and partnership in planning for transportation and land use planning projects. Eligible projects include planning processes that display a transportation and/or land use benefit, with an active public engagement component such as broad community and key stakeholder input, collaboration, and consensus building.15 Supplemental Environmental
Projects
Signed into law on October 8, 2015, AB 1071 (Atkins) requires all boards, departments, and offices within CalEPA that have enforcement authority to develop a policy on supplemental environmental projects (SEPs). The bill specifically directs additional resources to DACs to address environmental health impacts. All new SEP policies must provide benefits to DACs and engage community members through an accessible and open public process.16
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Entities found in violation of environmental laws may take on SEPfunded projects to settle a CalEPA enforcement action. Eligible applicants include government entities, tribal governments, nonprofit organizations, or the company or individual responsible for the violation. SEP proposal guidelines can be found through various CalEPA departments via links below:
] Department of Resources Recycling and Recovery, or CalRecycle:
http://www.calrecycle.ca.gov/EnvJustice/SEP/
] Department of Toxic Substances Control: http://www.dtsc.ca.gov/ GetInvolved/SEP/SEPs.cfm
] State Water Resources Control Board, including the 9 Regional Water Quality Control Boards: http://www.waterboards.ca.gov/ water_issues/programs/enforcement/sep.shtml
] Department of Pesticide Regulation: http://www.cdpr.ca.gov/ docs/enforce/enfords/sep_policy.htm
] Air Resources Board: https://www.arb.ca.gov/enf/seppolicy.htm The Transformative Climate
Communities Program
The SGC works with multiple state agencies and departments to “coordinate activities that create sustainable communities emphasizing strong economies, social equity, and environmental stewardship.”17 SGC administers the Transformative Climate Communities (TCC) program, authorized by AB 2722 (Burke, 2016), which funds projects that aim to significantly reduce GHG emissions and focus health, economic, and environmental benefits toward DACs. Proposals must demonstrate and discuss the following:18
] Tracking and monitoring GHG emissions reductions and other cobenefit indicators. ] Avoiding the displacement of existing residents and businesses. ] Ensuring community engagement of residents in project areas. ] Leveraging funding and securing a minimum of 50 percent match. ] Identifying climate risks and exposures of project areas and developing actions to reduce community vulnerability to climate change.
Two types of grants are available and can be accessed at http://sgc. ca.gov/Grant-Programs/Transformative-Climate-CommunitiesProgram.html. 19,20
] Implementation Grants fund local activities that develop and implement strategies to meet TCC goals, including reducing GHG emissions, promoting public health and environmental benefits, economic opportunities, and shared prosperity. Proposals must also develop projects that would achieve each of these goals and ensure community engagement in the program framework. Approximately $140 million is available for Implementation Grants in the 2016- 2017 grant cycle.
] Planning Grants are targeted towards planning efforts that benefit DACs which may be eligible for Implementation Grants in the future. Projects eligible for Planning Grants must include an innovative community engagement process, update local planning policies, build capacity toward collaborative partnerships between agency staff and stakeholders in land use activities, prepare climate adaptation and action plans, and conduct fiscal impact analyses.
Approximately $1.5 million is available for Planning Grants in the 2016-17 grant cycle.
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Community Revitalization and
Investment Authority
Community revitalization and investment authorities were enacted by AB 2, Community Revitalization Authorities (Alejo and E. Garcia, 2015) to replace California redevelopment agencies after their dissolution in 2012.21 They continue the work of redevelopment agencies and authorize the financing of plans and projects to revitalize DACs, economic development activities, and affordable housing. Projects are typically financed through bonds that are repaid over time by revenue generated through increases in property tax revenue. AB 2492, Community Revitalization and Investment Authorities (Alejo and E.
Garcia, 2016)22 allows new methods for a local jurisdiction to determine blight conditions.23
CDFA: California Healthy Food
Financing Initiative
Modeled after the federal Healthy Food Financing Initiative created in 2010 to combat the issue of food access, AB 581 (Pérez), the California Healthy Food Financing Initiative, was enacted in 2011 to create the California Healthy Food Financing Fund, consisting of federal, state, and private dollars available to local governments for increasing access to healthy foods in underserved communities.24
AB 581 also established the California Healthy Food Financing Council, led by the state treasurer and secretaries of Food and Agriculture, Health and Human Services, and Labor. AB 581 allowed for preparation of the recommendations report, “Improving Food Access in California,” by the Secretary of Food and Agriculture, which provides strategies for improving fresh food distribution, expanding healthy food retail options, improving low-income access to healthy food, and supporting healthy meals at schools. The report can be accessed at https://www.cdfa. ca.gov/exec/public_affairs/pdf/ImprovingFoodAccessInCalifornia. pdf.
According to the federal Healthy Food Financing Initiative (HFFI), new funding toward increasing food access in California may not happen in the near future. However, existing state resources may be used to help increase food access. For instance, state-owned county fairgrounds often include cold storage and commercial kitchen facilities that may be available for public storage and distribution of food. Additionally, local coordination with state agencies that focus on food policy can avoid duplication of food programs at the local level and help maximize local resources for increasing food access.25
While new state-level funding to support increasing food access may be limited, California communities can consider pursuing federal funding through the HFFI, where approximately $420 million is available. Federal funds could also support programs related to increasing food access, such as the Supplemental Nutrition Assistance Program (CalFresh), which provides monthly resources to low-income households for purchasing healthy food.26
CalEPA Environmental Justice
Small Grants Program
The CalEPA Environmental Justice Small Grants Program provides funding that would directly support objectives under SB 1000.
Funding is available for non-profit community organizations and tribal governments to “address EJ issues in areas disproportionately affected by environmental pollution and hazards.”27 The competitive grants can amount to a maximum of $50,000 over a 12-month project period and can be accessed at http://www.calepa.ca.gov/envjustice/funding/. 146
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State Water Resources Control
Board
Proposition 1 State Water Grants
Passed in 2014, Prop 1 authorized $7.545 billion in general obligation bonds for “water projects, including surface and groundwater storage, ecosystem and watershed protection and restoration, and drinking water protection.”28 The SWRCB is administering Prop 1 funds through five funding programs: 29
] Small Community Wastewater Grants are administered through the Clean Water State Revolving Fund, which was allocated $260 million by Prop 1 and supplements the annual Small Community Grant Fund of $8 million. Information on the Fund, including application guidelines and eligibility, can be found at http://www. waterboards.ca.gov/water_issues/programs/grants_loans/small_ community_wastewater_grant/projects.shtml.
] The Water Recycling Funding Program was allocated approximately $625 million by Prop 1 and offers grants and funding to promote recycling and reuse of treated municipal wastewater for agencies and other stakeholders. Program information and guidelines can be found at http://www.waterboards.ca.gov/water_issues/ programs/grants_loans/water_recycling/index.shtml.
] The Drinking Water State Revolving Fund Program administers grants and loans and has approximately $260 million available in Prop 1 funds. Grants and loans are targeted toward public water system infrastructure improvements and activities that help achieve safe and affordable drinking water. Information on guidelines and eligibility can be found at http://www.waterboards.ca.gov/water_ issues/programs/grants_loans/dwsrf/scoping_workshops.shtml. ] The Storm Water Grant Program was allocated approximately $200 million by Prop 1 and offers grants toward “multi-benefit storm water management” projects, which may include green infrastructure, rainwater and storm water capture projects, and storm water treatment facilities. Information on program grants can be found at http://www.waterboards.ca.gov/water_issues/ programs/grants_loans/swgp/prop1/.
] The Groundwater Sustainability Program was allocated
approximately $900 million by Prop 1 and offers grants for a variety of groundwater-related projects, such as groundwater planning and monitoring, contamination cleanup and prevention, and drinking water treatment. This program is one of two Groundwater Quality Fund programs administered by the SWRCB, the other being the Site Cleanup Subaccount Program, which is described in the next section. Information on guidelines and eligibility for the Groundwater Sustainability Program can be found at http:// www.waterboards.ca.gov/water_issues/programs/grants_loans/ proposition1/groundwater_sustainability.shtml.
Site Cleanup Subaccount Program
The Site Cleanup Subaccount Program (SCAP) is a funding program established by SB 445, Underground Storage Tanks (Hill, 2014), that authorizes the SWRCB to administer approximately $19.5 million annually to eligible parties, including governments, that lack financial resources for surface and groundwater remediation projects. SCAP grants typically require a contract for investigation and cleanup, usually pursuant to a written directive or site cleanup and abatement order, but the SWRCB may waive this requirement if this is infeasible before remediation.
Funded projects under this program may include site characterization, source identification, or implementation of cleanup. SCAP gives priority to projects that: demonstrate contamination which poses a significant threat to human health or the environment, impact a disadvantaged or small community, provide economic and environmental benefit, lack other sources of funds, or have other SWRCB considerations. There are no funding request limits and no cost match is required.30 Information about SCAP guidelines and eligibility can be found at http://www. waterboards.ca.gov/water_issues/programs/grants_loans/scap/.
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7.4 / Federal Grants
Federal funding sources that could support several objectives of SB 1000 are available through the United States Departments of Housing and Urban Development (HUD), Treasury, Health and Human Services (HHS), and Agriculture (USDA).
Local governments and planners should note that many of these sources of funding are marked for reduction or elimination in the president’s 2018 budget request.31 The federal sources of funding should be tracked through the congressional budget process since the president’s annual budget request is only the first of a five-step process when adopting a federal budget.32
Choice Neighborhoods (HUD)
The Choice Neighborhoods program provides planning and
implementation grants to communities and local jurisdictions to improve distressed HUD or HUD-assisted housing, improve education outcomes for youth, and address neighborhood-level challenges such as safety, good schools, and commercial activity. Communities would develop a “transformation plan” to provide strategies for implementing these goals.33
Funding is awarded annually on a competitive basis. HUD also administers several programs dedicated to public housing, housing for Native American/tribal communities, multifamily property owners, and single-family property owners.34 Approximately $5 million are available through Choice Neighborhoods Planning Grants and $132 million available through Choice Neighborhoods Implementation Grants for FY 2017. More information is available at https://www.hud.gov/program_ offices/public_indian_housing/programs/ph/cn.
Healthy Food Financing Initiative
(USDA, HHS, and Treasury)
The HFFI, which began in 2010, is jointly administered by the USDA, HHS, and Treasury. It seeks to increase access to healthy food through financial and technical assistance dedicated to expanding sources of healthy foods, such as grocery stores, small retailers, corner stores, and farmers markets in underserved urban, rural, and tribal communities.
Particularly, the HFFI seeks to address the issue of food deserts, which are defined as “area[s] where more than 40 percent of the residents have low incomes and live more than one mile from a grocery store.”35 In 2014, the US Farm Bill authorized $125 million in HFFI funds to be directed to these purposes. Information on numerous grant and funding opportunities available in each state through HFFI for improving food access may be found through the Healthy Food Access Portal at http://healthyfoodaccess.org/. Information on each federal agency’s respective participation and additional funding opportunities are described below.
Agricultural Marketing Service and Food
Environment Atlas (USDA)
The Agricultural Marketing Service provides a wide range of services that help local farmers, retailers, farmers’ markets and cooperatives, and school districts to scale up local and regional food systems.36 Information on grants, loans, and other financial assistance programs can be found at https://www.ams.usda.gov/services/local-regional/ food-sector/grants.
The USDA also maintains a Food Environment Atlas that can support food access mapping and analysis tasks. The Atlas provides information on food environmental indicators such as food desert locations, proximity to stores and restaurants, food prices, food and nutrition assistance programs, and community characteristics.37 The Food Environment Atlas may be accessed at https://www.ers.usda.gov/dataproducts/food-environment-atlas/. 148
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Community Economic Development (HHS)
The Community Economic Development (CED) program, a key component of the HFFI and administered by HHS, awards competitive grants to community development corporations (CDCs) that address the economic needs of low-income communities “through the creation of sustainable business development and employment opportunities.”38 Under the HFFI, HHS awards grants to CDCs through the CED toward financing grocery stores, farmers markets, and other sources of healthy food. Successful projects facilitate access to healthy food options while creating job and business development opportunities in low-income communities, because grocery stores often catalyze further commercial development in an area. Between 2011 and 2016, over $51.8 million in CED-HFFI funds were awarded to CDCs throughout the nation.39 Information on CED grants can be found at https://www.acf.hhs.gov/ ocs/programs/ced.
Community Development Financial
Institutions Program and New Market Tax
Credits Program (Treasury)
The Treasury administers two programs that award financial assistance to organizations specializing in assisting low-income communities: The Community Development Financial Institution (CDFI) Program and the New Market Tax Credits (NMTC) Program. The CDFI Fund directly participates in administering HFFI funds. Though local governments and public agencies cannot qualify as direct recipients of funds from either program, they may consider partnering with CDFIs or community development entities (CDEs)—which are institutions certified by the CDFI Fund to be recipients—to help access awards.
] CDFI Funds administer awards to certified or certifiable CDFIs, which are organizations that specialize in providing financial services to low-income communities. A number of financial and technical assistance awards are available. Among them are HFFI Financial Assistance awards to help CDFIs expand healthy food financing activities and healthy food businesses.40 In fiscal year 2016, the CDFI Fund awarded $22 million in HFFI funds to CDFIs across the nation.41 Native American CDFIs are also eligible for dedicated awards through the Native American CDFI Assistance Program, which could be used to help create jobs, affordable housing, and financial services and counseling for Native American communities.
Since its launch in 2001, the Native American CDFI Assistance Program has awarded a total of $120 million to Native American CDFIs.42 Information on the CDFI Program and CDFI certification can be found at https://www.cdfifund.gov/programs-training/ Programs/cdfi-program/Pages/default.aspx.
] Through the NMTC Program, the CDFI Fund allocates tax credit authority to certified CDEs, which are private organizations that specialize in serving low-income communities. A CDE provides tax credits to individual or corporate investors in exchange for their investment in the CDE. These proceeds are used toward improvements and programs that benefit businesses or toward financial counseling and other services in low-income communities.43 More information on the NMTC Program and CDE certification can be found at https://www.cdfifund.gov/programs-training/ Programs/new-markets-tax-credit/Pages/default.aspx.
US EPA
The US EPA provides two funding programs and a technical assistance program that address environmental justice topics at the local level.
The Environmental Justice Collaborative
Problem-Solving (CPS) Cooperative
Agreement Program
The CPS Program provides funding toward projects addressing local environmental and public health issues in an affected community.
Projects are required to use US EPA’s Environmental Justice Collaborative Problem-Solving Model to help build collaborative partnerships within communities for addressing EJ issues. The CPS Program awards up to $120,000 to one project per region for a period of two years Chapter 7 / Funding Sources & Other Types of Assistance 149
or more. There are a total of 10 regions nationwide and California is in Region 9. Eligible candidates are nonprofit organizations, federally recognized tribal governments, or Native American organizations.44 Information on the CPS Program can be found at https://www.epa.gov/ environmental-justice/environmental-justice-collaborative-problemsolving-cooperative-agreement-0.
The Environmental Justice Small Grants
Program
The Environmental Justice Small Grants support community-based organizations and efforts to address environmental and public health issues in disproportionately burdened areas. Grant awards are up to $30,000 over a one-year period. Eligible candidates are nonprofit, community-based organizations, federally recognized tribal governments, or tribal organizations.45 Information on the grants program can be found at https://www.epa.gov/environmentaljustice/ environmental-justice-small-grants-program.
Technical Assistance Services for
Communities
The US EPA Technical Assistance Services for Communities (TASC) program provides independent assistance through a US EPA contract to help communities build understanding of the science, regulations, and policies of environmental issues and US EPA actions. A TASC contractor coordinates scientists, engineers, and other professionals to review and explain information to communities. This assistance encourages community collaboration with US EPA to address environmental issues. TASC services are determined on a project-by-project basis and provided at no cost to communities. They include information assistance and expertise, community education, needs evaluation and plan development, and assistance with helping community members participate more effectively in environmental decision making. TASC can also provide training and support for environmental employment opportunities through the Superfund Job Training Initiative.46 Information on the TASC program can be found at https://www.epa. gov/superfund/technical-assistance-services-communities-tascprogram.
7.5 / Private Philanthropy
Public-private partnerships are increasingly popular sources of funding for capital improvement and other planning work, and foundations can offer support for policy development and community engagement in DACs. Some philanthropic sources available to stakeholders to support of SB 1000 goals and objectives are the California Endowment, the Liberty Hill Foundation, the Marguerite Casey Foundation, and technical assistance from the Prevention Institute.
The California Endowment
Founded in 1996, the California Endowment (TCE) is a statewide nonprofit organization with a vision to “expand access to affordable, quality health care for underserved individuals and communities and to promote fundamental improvements in the health status of all Californians.”47 TCE focuses on promoting health in all communities through policy and systems changes. They work with residents and elected officials to implement sustainable solutions to pressing health-related issues at the neighborhood and state levels. Some TCE programs may support EJ planning goals and efforts. TCE funding and grant opportunities are eligible to local governments and can be found at http://www. calendow.org/funding-opportunities/.
One of TCE’s key programs is the Building Healthy Communities initiative. Launched in 2010, the initiative aims to achieve health equity on a statewide level. The initiative has developed 12 priority policies to promote health equity across 3 areas—schools, neighborhoods, and prevention.48
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California FreshWorks Fund
The California FreshWorks Fund is a public-private financing program that aims to expand healthy food retail in communities where options for healthy food are limited or nonexistent. Eligible recipients include supermarket operators, grocers, community markets, food distributors, nonprofits, and commercial developers.49 Information on applying for FreshWorks Fund financing can be found at http://cafreshworks.com/.
The Liberty Hill Foundation
The Liberty Hill Foundation was founded in 1976 and focuses funding toward social justice–oriented organizations and efforts in the Los Angeles region. Liberty Hill’s environmental justice program has funded grassroots organizations and campaigns to support their participation in planning and development processes under, such as the campaign that led to the adoption of the Los Angeles Clean Up Green Up ordinance described in Chapter 6.50 More about Liberty Hill’s goals and programs can be learned at https://www.libertyhill.org/.
Marguerite Casey Foundation
The Marguerite Casey Foundation, founded in 2001, is national organization whose mission is to “help low-income families strengthen their voice and mobilize their communities in order to achieve a more just and equitable society for all.” The Foundation focuses its resources on addressing the fundamental causes of child and family poverty while supporting movement-building work where low-income families are the drivers to achieving social equity.51
Marguerite Casey Foundation’s organizes its projects across regional grantee networks across the nation, called “Equal Voice Networks.” California currently has two such grantee networks: The Bay Area Equal Voice Coalition and Equal Voice for Southern California Families Alliance.
As a result of these networks, a number of California ballot measures were passed that promote equitable wealth distribution and criminal justice reform.52 More information on the work of the Marguerite Casey Foundation can be found at http://caseygrants.org/.
Prevention Institute
Prevention Institute, based in Oakland, is a national nonprofit organization founded in 1997 that addresses public health issues. Its core mission is to promote health equity. As one of its focus areas, the Institute works to promote access to healthy foods and physical activity as well as transform local health and healthcare systems to be more community-oriented. The Institute provides policy research and analysis, technical assistance, and training services to many types of entities, including community-based organizations and governments.53 More information on Prevention Institute can be found at https://www. preventioninstitute.org/.
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Kresge Foundation
The Kresge Foundation, founded in 1924, is a national foundation with a broad focus that includes arts and culture, education, environment, health, human services, and community development. The Foundation’s focus areas of health and environment may be of interest to entities interested in resources for EJ planning efforts and are described below.
The Developing Healthy Places Program offers grants to support three initiatives: Healthy Housing and Neighborhoods, Healthy Food Systems that benefit low-income communities, and Equitable Transportation and Land Use.54 Information on this program can be found at http:// kresge.org/programs/health/developing-healthy-places.
The Climate Resilience and Urban Opportunity Program supports climate-resilience work with a social justice and equity focus.
Information on this program can be found at http://kresge.org/ programs/environment.
American Planning Association
(APA) California Chapter,
Community Planning Assistance
Team (CPAT) Program
The APA CPAT program organizes and provides professional planning assistance to municipalities and community groups in California and Baja California that do not have the financial resources to carry out planning work. Volunteer planning professionals are organized into multidisciplinary teams that are selected to provide their services to local communities and organizations that request them. These CPAT teams engage community members to initiate a planning process over a course of one to several days, which would include community outreach and stakeholder involvement.55 Communities interested in requesting CPAT service can learn more at https://www.apacalifornia. org/professional-development/apa-california-cpat-program/. 152
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Endnotes
1 Early, D. (2015). The general plan in California. Point Arena, California:
Solano Press.
2 City of Fresno & California and Matrix Consulting Group. (2010, January 6). Final report on the planning and development department’s fee study analysis. Retrieved April 21, 2017 from http://www.fresno.gov/NR/rdonlyres/B0090669-6079-4CB4-9441-2D41CD5D3EAA/0/Planning_Fee_ Study.pdf
3 Early, D. (2015). The general plan in California. Point Arena, California:
Solano Press.
4 Southern California Association of Governments Sustainability Program (2017). Sustainability planning grant. Retrieved April 21, 2017, from http:// sustain.scag.ca.gov/Pages/Grants%20and%20Local%20Assistance/ GrantsLocalAssistance.aspx
5 Metropolitan Transportation Commission. (2017). One Bay Area grants.
Retrieved from https://mtc.ca.gov/our-work/fund-invest/investment-strategies-commitments/focused-growth/one-bay-area-grants 6 San Diego Association of Governments. (n.d.). Healthy Works Phase II.
Retrieved April 21, 2017, from http://www.sandag.org/index.asp?projectid=381&fuseaction=projects.detail 7 Butte County Association of Governments. (2013). About BCAG. Retrieved from http://www.bcag.org/About-BCAG/index.html 8 California Association of Councils of Governments. (n.d.). Member profile:
Kern Council of Governments. Retrieved on April 28, 2017, from https:// www.calcog.org/index.php?src=directory&view=members&srctype=detail&back=members&refno=27 9 Clean Energy Roadmap. (2017). Sustainable energy roadmap. Retrieved April 21, 2017, from http://www.cleanenergyroadmap.com/about/sustainableenergyroadmap/ 10 San Joaquin Council of Governments. (2017, September 28). 2017-2021 Measure K bicycle, pedestrian, and safe routes to school and smart growth incentive program guidelines. Retrieved from http://sjcog.org/353/Call-forProjects 11 Shasta Regional Transportation Agency (n.d.). Strategic Growth Council (SCS) grants. Retrieved April 21, 2017, from http://srta.ca.gov/222/Strategic-Growth-Council-SGC-Grants 12 Western Riverside Council of Governments. (n.d.). Healthy communities program. Retrieved April 21, 2017, from http://www.wrcog.cog. ca.us/171/Healthy-Communities.
13 California Budget Project. (2014). Dollars and Democracy: A guide to the state budget process. California Budget and Policy Center. Retrieved April 28, 2017, from http://calbudgetcenter.org/wp-content/uploads/141210_DollarsandDemocracy.pdf 14 California Department of Transportation. (2017). Fiscal year 2017-18 senate bill 1 planning grants. Retrieved April 28, 2017, from http://www.dot. ca.gov/hq/tpp/grants/1718/FINAL_17-18GrantBrochure.pdf
15 Office of Sustainable Community Planning. (2007). Environmental justice and community-based transportation planning grants program. California Department of Transportation Division of Transportation Planning. Retrieved April 21, 2017, from http://www.dot.ca.gov/hq/tpp/offices/ocp/ cbtp.html
16 Supplemental environmental projects. Cal. Assemb. B. 1071 (2015-2016).
Chapter 585 (Cal. Stat. 2015). Retrieved from http://leginfo.legislature. ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1071 17 California Strategic Growth Council. (2015). California Strategic Growth Council. Retrieved April 28, 2017, from http://sgc.ca.gov/ 18 California Strategic Growth Council. (2017). Transformative climate communities program: FY 2016-2017 final guidelines. Retrieved from http:// sgc.ca.gov/resource%20files/08242017-TCCFINALGUIDELINES-Revised82317.pdf 19 The Planning Report. (2017, February 21). New Strategic Growth Council program funds catalytic, neighborhood-level transformational project. Retrieved April 21, 2017, from http://www.planningreport. com/2017/02/21/new-strategic-growth-council-program-funds-catalytic-neighborhood-level-transformational Chapter 7 / Funding Sources & Other Types of Assistance 153
20 California Strategic Growth Council. (2017). Transformative climate communities program: FY 2016-2017 final guidelines. Retrieved from http:// sgc.ca.gov/resource%20files/08242017-TCCFINALGUIDELINES-Revised82317.pdf 21 Community revitalization authority. Cal. Assemb. B. 2 (2015-2016).
Chapter 319 (Cal. Stat. 2015). Retrieved from https://leginfo.legislature. ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2
22 Community revitalization. Cal. Assemb. B. 2492 (2015-2016). Chapter 524 (Cal. Stat. 2016). Retrieved from https://leginfo.legislature.ca.gov/faces/ billNavClient.xhtml?bill_id=201520160AB2492
23 League of California Cities. (2015). Community revitalization and investment authorities. Retrieved April 21, 2017, from https://www.cacities. org/Resources-Documents/Policy-Advocacy-Section/Hot-Issues/NewTax-Increment-Tools/AB-2-Summary-10-6-15.aspx 24 California healthy food financing initiative. Cal. Assemb. B. 581. (2011- 2012). Chapter 505 (Cal. Stat. 2011). Retrieved from https://leginfo. legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB581 25 California Department of Food and Agriculture. (2012). Improving food access in California. Retrieved April 22, 2017, from https://www.cdfa. ca.gov/exec/public_affairs/pdf/ImprovingFoodAccessInCalifornia.pdf 26 California Department of Social Services. (2017). CalFresh program. Retrieved September 8, 2017, from http://www.cdss.ca.gov/inforesources/ calfresh
27 California Environmental Protection Agency. (2017). Environmental justice small grants and funding opportunities. Retrieved April 21, 2017, from http://www.calepa.ca.gov/envjustice/funding/
28 California State Water Resources Control Board. (2016, August 9). Financial assistance funding: Proposition 1. California Environmental Protection Agency. Retrieved April 21, 2017, from http://www.waterboards.ca.gov/ water_issues/programs/grants_loans/proposition1.shtml
29 California State Water Resources Control Board. (2016, August 9). Financial Assistance Funding: Proposition 1. California Environmental Protection Agency. Retrieved April 21, 2017, from http://www.waterboards.ca.gov/ water_issues/programs/grants_loans/proposition1.shtml
30 California State Water Resources Control Board. (2017, April 7). Site cleanup subaccount program. California Environmental Protection Agency.
Retrieved April 21, 2017, from http://www.waterboards.ca.gov/water_ issues/programs/grants_loans/scap/
31 Executive Office of the President of the United States. (2017). America First: A budget blueprint to make America great again. Retrieved from https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/budget/ fy2018/2018_blueprint.pdf
32 National Priorities Project. (n.d.). Budget process: Federal budget 101.
Retrieved April 28, 2017, from https://www.nationalpriorities.org/budget-basics/federal-budget-101/federal-budget-process/ 33 United States Department of Housing and Urban Development. (n.d.).
Choice neighborhoods. Retrieved April 28, 2017, from https://www.hud. gov/program_offices/public_indian_housing/programs/ph/cn 34 United States Department of Housing and Urban Development. (n.d.).
HUD programs that support energy efficiency. Retrieved April 28, 2017, from https://www.hud.gov/program_offices/economic_development/ eegb/programs
35 US Department of Health and Human Services – Office of Community Services. (2017, June 14). Healthy food financing initiative. Retrieved April 21, 2017, from https://www.acf.hhs.gov/ocs/programs/community-economic-development/healthy-food-financing 36 United States Department of Agriculture – Agricultural Marketing Service. (n.d.). Grants, loans, and other support. Retrieved April 21, 2017, from https://www.ams.usda.gov/services/local-regional/food-sector/grants 37 United States Department of Agriculture – Economic Research Services. (n.d.). Food environment atlas. Retrieved April 21, 2017, from https:// www.ers.usda.gov/data-products/food-environment-atlas.aspx 38 United States Department of Health and Human Services – Office of Community Services. (2017, June 14). Community economic development.
Retrieved April 21, 2017, from https://www.acf.hhs.gov/ocs/programs/ ced
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39 US Department of Health and Human Services – Office of Community Services. (2017, June 14). Healthy food financing initiative. Retrieved April 21, 2017, from https://www.acf.hhs.gov/ocs/programs/community-economic-development/healthy-food-financing 40 Community Development Financial Institution Fund. (2016, January). The CDFI fund and the healthy food financing initiative: Fact sheet. Retrieved from https://www.cdfifund.gov/Documents/CDFI7205_FS_HFFI_updatedJan2016.pdf 41 United States Department of Health and Human Services – Office of Community Services. (2017, June 14). Healthy food financing initiative.
Retrieved April 21, 2017, from https://www.acf.hhs.gov/ocs/programs/ community-economic-development/healthy-food-financing
42 Community Development Financial Institution Fund. (2017, March). The CDFI fund’s native initiatives: Fact sheet. Retrieved from https://www. cdfifund.gov/Documents/CDFI7205_FS_NI_updatedMar2017.pdf 43 Community Development Financial Institution Fund. (2017, March). New markets tax credit program: Fact sheet. https://www.cdfifund.gov/Documents/NMTC%20Fact%20Sheet_Mar2017.pdf 44 United States Environmental Protection Agency. (n.d.). The environmental justice collaborative problem-solving cooperative agreement program.
Retrieved April 21, 2017, from https://www.epa.gov/environmental-justice/environmental-justice-collaborative-problem-solving-cooperative-agreement-0 45 United States Environmental Protection Agency. (2017, June). Environmental justice small grants program: Fact sheet. Retrieved September 8, 2017, from https://www.epa.gov/sites/production/files/2017-06/documents/june_2017_ej_small_grants_-_front_page_only.pdf 46 United States Environmental Protection Agency. (n.d.). Technical assistance services for communities (TASC) program. Retrieved April 21, 2017, from https://www.epa.gov/superfund/technical-assistance-services-communities-tasc-program 47 The California Endowment. (2017). Mission: Our reasons for being. Retrieved April 21, 2017, from http://www.calendow.org/our-story/#mission 48 The California Endowment. (2017). The “What” of BHC. Retrieved from http://www.calendow.org/report/the-what-of-bhc-card/#1
49 The California Endowment. (2016, May). California FreshWorks food access report: An examination of three Northgate González grocery store investments, 3. Retrieved April 21, 2017, from http://cafreshworks.com/ wp-content/uploads/2016/06/Freshworks-Food-Access-Report_ WEB2_FINAL.pdf
50 Liberty Hill Foundation. (n.d.). Priority: Environmental justice. Retrieved April 21, 2017, from https://www.libertyhill.org/environmental-justice 51 Marguerite Casey Foundation. (2017). Movement building as a philanthropic strategy. Retrieved April 21, 2017, from http://caseygrants.org/equalvoice/movement-building-as-a-philanthropic-strategy/ 52 Marguerite Casey Foundation. (2017). West networks. Retrieved April 21, 2017, from http://caseygrants.org/networks/west-networks/ 53 The Prevention Institute. (n.d.). About Us. Retrieved April 21, 2017, from https://www.preventioninstitute.org/about-us
54 The Kresge Foundation. (2017). Developing healthy places. Retrieved April 21, 2017, from http://kresge.org/programs/health/developing-healthy-places 55 American Planning Association – California Chapter. (2017). APA California CPAT program. Retrieved April 21, 2017, from https://www.apacalifornia.org/professional-development/apa-california-cpat-program/ APPENDIX A: SENATE BILL 1000 TEXT
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SB-1000 Land use: general plans: safety and environmental justice. (2015-2016) Senate Bill No. 1000
CHAPTER 587
An act to amend Section 65302 of the Government Code, relating to land use. [ Approved by Governor September 24, 2016. Filed with Secretary of State September 24, 2016. ]
LEGISLATIVE COUNSELʹS DIGEST
SB 1000, Leyva. Land use: general plans: safety and environmental justice.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) (1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A) Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physicalactivity. (B) Identify objectives and policies to promote civil engagement in the public decisionmaking process. (C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
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(2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
(3) By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution. (4) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects,exposure,orenvironmentaldegradation. (B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65302 of the Government Code proposed by this bill and Assembly Bill 2651. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 65302 of the Government Code, and (3) this bill is enacted after Assembly Bill 2651, in which case Section 65302 of the Government Code, as amended by Assembly Bill 2651, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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APPENDIX B: GLOSSARY
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Glossary
Advisory Group – A group (usually long-term) that provides ongoing advice on the strategic direction of a program or project.
Air Quality – Management of conditions and activities affecting air, also known as ambient air or outdoor air, to limit or eliminate amounts of foreign and/or natural substances that may result in adverse effects to humans, animals, vegetation and/or materials.1
Annexation – The process whereby territory is incorporated into a city. This is usually accompanied by extension of municipal services, regulations, voting privileges, and taxing authority by the annexing city to the new territory.2
Area Median Income (AMI) – The median family income of a geographic area estimated by US Department of Housing and Urban Development (HUD) for its Section 8 Program.3
Asbestos – A mineral that is used in many consumer products and materials, including buildings, and was conclusively linked to diseases such as mesothelioma and lung cancer in the 1960s. Asbestos is highly regulated in the U.S. today, but not banned.4
California Environmental Quality Act (CEQA) - A statute that requires State and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible.5 Charrette - A planning session for a particular development where community members, designers, and project developers may collaborate on a vision that determines the end result of a project.
Community Capacity Building –Efforts to engage disadvantaged populations to help them better identify and meet the needs of their areas.6
Community Food Security (CFS) – Condition in which all community residents obtain a safe, culturally acceptable, nutritionally adequate diet through a sustainable food system that maximizes community selfreliance and social justice.7 Community-Supported Agriculture (CSA) – Partnership between local farmers and residents, whereby residents purchase shares in the anticipated annual harvest. The farmer then delivers each member’s share of produce to a specified location in the community upon harvest, usually weekly or bi-weekly.8
Cumulative Impacts – The combined exposure to all pollution sources within a certain geographic area. Cumulative impacts also take into account groups of people that are especially sensitive to the effect of pollution exposure, such as young children and people with asthma, and socioeconomic factors, such as poverty, race and ethnicity, and education.9
Disadvantaged Community (DAC) – An area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.10
Disadvantaged Unincorporated Community (DUC) - Unincorporated territories that constitute all or a portion of a disadvantaged community and include 12 or more registered voters or some other standard as determined by the commission.
Environmental Justice – The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.11
Focus Groups - Short-term groups (usually only a one-time meeting) that provide feedback based on their perceptions, opinions, beliefs, and attitudes.
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General Plan Area – The geographic area that is governed by the goals, policies and actions in an adopted General Plan – see also Sphere of Influence (SOI).
Lead-Based Paint – Any paint or surface coating that contains lead equal to or exceeding one milligram per square centimeter (1.0 mg/ cm2) or 0.5% by weight. Lead-based paint that was widely applied on houses in the U.S. until it was banned in 1978 due to health concerns, such as lead poisoning.12
Leadership Development - The constant work to develop new leaders in the community while simultaneously deepening the leadership skills of a community’s elder members. Leadership development includes developing residents’ practical skills, their knowledge base and their personal practice.13
Local Agency Formation Commission (LAFCOs) - A local agency mandated by the State legislature to encourage the orderly formation of local governmental agencies, preserve agricultural land resources, and discourage urban sprawl. LAFCOs have the ability to create new cities and special districts, change boundaries, authorized services, allow service extensions, perform municipal service reviews, and reorganize local agencies. Their jurisdiction includes counties, cities, and most special districts.14 The full text of the LAFCO law can be found in Government Code Section 56000, et seq.15
Low-Income Area – An area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093.16
Mutual Learning – The process whereby information is exchanged in a reciprocal manner in order to facilitate simultaneous learning by each group participating in a decision-making process.
Pollution Exposure – The concentration of a certain pollutant in the air multiplied by the population exposed to that concentration over a specified time period.17
Public Facilities – Includes public improvements, public services, and community amenities.18
Roundtable Discussions - Facilitated conversations with multiple stakeholders such as agencies, technical experts, and community members to share knowledge and insight for the purpose of improving the development or implementation of a program or project.
Sensitive Populations – Populations that are especially vulnerable to the adverse health effects of pollution exposure and poor air quality compared to other populations (i.e. children, the elderly, exercising adults, and those with pre-existing serious health problems which are exacerbated by poor air quality).19
Sensitive Land Uses –Certain types of facilities (e.g., schools, day care centers, playgrounds, medical facilities) that deserve special attention when siting new residences because sensitive populations are especially vulnerable to the adverse health risks of pollution.20
Smart Growth –According to the US EPA, series of land use development and conservation strategies that aim to protect human health and the natural environment, as well as enhance the aesthetic, economic and diverse social characteristics of a community. Smart growth strategies are guided by 10 planning principles, which include: mix land uses; take advantage of compact building design; create a range of housing opportunities and choices; create walkable neighborhoods; foster distinctive, attractive communities with a strong sense of place; preserve open space, farmland, natural beauty, and critical environmental areas; strengthen and direct development towards existing communities; provide a variety of transportation choices; make development decisions predictable, fair, and cost effective; and encourage community and stakeholder collaboration in development decisions.21
Social Equity – The application of the principles of justice, fairness, and inclusion when developing and implementing a General Plan’s vision.22 162
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Sphere of Influence (SOI) – A plan for the probable ultimate physical boundaries and service area of a local governmental agency, as determined by the LAFCO, which occurs during the process of the agency’s incorporation.23 This is a planning boundary set outside of an agency’s legal boundary, such as the city limit line.
Unique or Compounded Health Risks – Health risks consequent of exposures by sensitive populations to pollution sources occurring at a higher-than-average intensities and located in close proximity to such populations. Compounded health risks, also known as cumulative risks, occur when the combined effects of several hazards and health risks become harmful to a community. An example of cumulative risk is a community exposed to ozone and particulate matter while concurrently living in unhealthy housing conditions and/or experiencing poverty and other socioeconomic stressors that are associated with negative health outcomes.24
Endnotes
1 This definition is derived from multiple California Air Resources Board definitions on various air quality-related terms: https://ww2.arb.ca.gov/ about/glossary
2 Kern County LAFCO. (2011). Citizens guide. Retrieved from https://www. kerncounty.com/lafco/pdf/citizensguide.pdf
3 California Health and Safety Code, Section 50093(c)
4 Mesothelioma Center. (2017). No asbestos ban in the US. Retrieved from https://www.asbestos.com/legislation/ban/
5 California Natural Resources Agency. (2014). Frequently asked questions about CEQA. Retrieved from http://resources.ca.gov/ceqa/more/faq.html 6 US Environmental Protection Agency, International Cooperation. (2017).
Public participation guide: Introduction to public participation. Retrieved from https://www.epa.gov/international-cooperation/public-participation-guide-introduction-public-participation 7 Community Food Security Coalition. (n.d.).What is community food security? Retrieved from http://alivebynature.com/views_cfs_faq.html 8 Just Food. (n.d.). What is CSA? Retrieved from http://www.justfood.org/ csa
9 California Office of Environmental Health Hazard Assessment. (n.d.).
About CalEnviroScreen. Retrieved from https://oehha.ca.gov/calenviroscreen 10 Planning for Healthy Communities Act. Cal. Senate Bill 1000. (2015- 2016). Chapter 587 (Cal. Stat. 2016), Section 65302 (4a). Retrieved from https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_ id=201520160SB1000
11 California Government Code, Section 65040.12(e)
12 DC Watch Archives. (n.d.). Lead-based pain abatement and control amendment act of 2004. Retrieved from http://www.dcwatch.com/archives/ council15/15-721.htm
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13 School of Unity and Liberation. (n.d.). Free Training Resources. Retrieved from http://www.schoolofunityandliberation.org/soul_sec/resources/ re-free_training.html
14 California Association of Local Agency Formation Commissions. (n.d.).
What are LAFCos? Retrieved from https://calafco.org/lafco-law/faq/ what-are-lafcos
15 California Government Code Section 56000
16 Planning for Healthy Communities Act. Cal. Senate Bill 1000. (2015- 2016). Chapter 587 (Cal. Stat. 2016), Section 65302 (4c). Retrieved from https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_ id=201520160SB1000
17 California Air Resources Board. (2017). Glossary. Retrieved from https:// ww2.arb.ca.gov/about/glossary
18 California Government Code, Section 66000(d)
19 California Air Resources Board. (2017). Air pollution: Particulate matter brochure. Retrieved from https://www.arb.ca.gov/html/brochure/pm10. htm
20 California Air Resources Board. (2015). Air quality and land use handbook:
A community health perspective. Retrieved from https://www.arb.ca.gov/ ch/aqhandbook-fix.htm
21 United States Environmental Protection Agency. (2017). About Smart Growth. Retrieved from https://www.epa.gov/smartgrowth/aboutsmart-growth 22 This definition is derived from two existing definitions of social equity – the American Planning Association defines social equity as “the expansion of opportunities for betterment that are available to those communities most in need, creating more choices for those who have few”; and the National Academy of Public Administration defines social equity as “the fair, just, and equitable management of all institutions serving the public directly or by contract; the fair, just and equitable distribution of public services and implementation of public policy; and the commitment to promote fairness, justice, and equity in the formation of public policy.” 23 California Government Code, Section 56076
24 Cumulative risk is the “combined risks from aggregate exposures to multiple agents or stressors, which may include chemicals, biological, or physical agents.” (US EPA, 2003. Framework for cumulative risk assessment.
US EPA/ORD/NCEA, Washington, DC. EPA/600/P-02/001F. Retrieved from https://www.epa.gov/sites/production/files/2014-11/documents/ frmwrk_cum_risk_assmnt.pdf). For more guidance on cumulative risk, see https://www.epa.gov/risk/framework-cumulative-risk-assessment This page intentionally left blank.
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APPENDIX C: THE 17 PRINCIPLES
OF ENVIRONMENTAL JUSTICE
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A Brief History of the Environmental
Justice Movement
The U.S. Environmental Justice movement was largely inspired by the social and environmental movements of the 1960s and 1970s.
EJ concerns historically arose out of the placement of polluting facilities in neighborhoods that were mostly minority or low income.
Environmental injustices have taken on many forms and are shown to result from a complexity of intertwined factors. In some cases, EJ concerns have arisen from market dynamics that make it profitable to steer polluting sources to communities where land costs are low, population is sparse, and impacts appear limited. In some other cases, urban-rural inequities result from situations where poorer rural areas bear the disproportionate costs of production and disposal of natural resources that may primarily benefit more urban areas. Complicating these numerous EJ issues further was a growing concern that the mainstream environmental movement was “too elite, too white, and too focused on beautiful scenery and charismatic spaces,” and the desire to provide an alternative to this dynamic.1
With those concerns in mind, the First National People of Color Environmental Leadership Summit was held in 1991 and served as one of the most inspirational and foundational moments of the current-day EJ movement. The Summit illustrated the breadth of the EJ movement beyond anti-toxic work into public health, transportation, worker safety, community leadership development, and resource allocation.
The Summit created the 17 Principles of Environmental Justice, provided below, that continue to guide environmental justice efforts today. Though the initial premise of the principles was focused towards the needs of communities of color and poor communities in response to the troubling reality of environmental racism at the time, they are all-embracing and can provide guidance to any community that is addressing environmental injustices and creating healthy places to live, work, and play.
1 Purdy, J. (2016, December 7). Environmentalism was once a social-justice movement. The Atlantic. Retrieved from https://www.theatlantic.com/ science/archive/2016/12/how-the-environmental-movement-can-recover-its-soul/509831/ The 17 Principles of Environmental
Justice
Delegates to the First National People of Color Environmental Leadership Summit held on October 24-27, 1991, in Washington DC, drafted and adopted 17 principles of Environmental Justice. Since then, The Principles have served as a defining document for the growing grassroots movement for environmental justice.
PREAMBLE
WE, THE PEOPLE OF COLOR, gathered together at this multinational People of Color Environmental Leadership Summit, to begin to build a national and international movement of all peoples of color to fight the destruction and taking of our lands and communities, do hereby re-establish our spiritual interdependence to the sacredness of our Mother Earth; to respect and celebrate each of our cultures, languages and beliefs about the natural world and our roles in healing ourselves; to ensure environmental justice; to promote economic alternatives which would contribute to the development of environmentally safe livelihoods; and, to secure our political, economic and cultural liberation that has been denied for over 500 years of colonization and oppression, resulting in the poisoning of our communities and land and the genocide of our peoples, do affirm and adopt these Principles of Environmental Justice:
1. Environmental Justice affirms the sacredness of Mother Earth, ecological unity and the interdependence of all species, and the right to be free from ecological destruction.
2. Environmental Justice demands that public policy be based on mutual respect and justice for all peoples, free from any form of discrimination or bias.
3. Environmental Justice mandates the right to ethical, balanced and responsible uses of land and renewable resources in the interest of a sustainable planet for humans and other living things.
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4. Environmental Justice calls for universal protection from nuclear testing, extraction, production and disposal of toxic/hazardous wastes and poisons and nuclear testing that threaten the fundamental right to clean air, land, water, and food.
5. Environmental Justice affirms the fundamental right to political, economic, cultural and environmental self-determination of all peoples.
6. Environmental Justice demands the cessation of the production of all toxins, hazardous wastes, and radioactive materials, and that all past and current producers be held strictly accountable to the people for detoxification and the containment at the point of production.
7. Environmental Justice demands the right to participate as equal partners at every level of decision-making, including needs assessment, planning, implementation, enforcement and evaluation.
8. Environmental Justice affirms the right of all workers to a safe and healthy work environment without being forced to choose between an unsafe livelihood and unemployment. It also affirms the right of those who work at home to be free from environmental hazards.
9. Environmental Justice protects the right of victims of environmental injustice to receive full compensation and reparations for damages as well as quality health care.
10. Environmental Justice considers governmental acts of environmental injustice a violation of international law, the Universal Declaration On Human Rights, and the United Nations Convention on Genocide.
11. Environmental Justice must recognize a special legal and natural relationship of Native Peoples to the U.S. government through treaties, agreements, compacts, and covenants affirming sovereignty and self-determination.
12. Environmental Justice affirms the need for urban and rural ecological policies to clean up and rebuild our cities and rural areas in balance with nature, honoring the cultural integrity of all our communities, and provided fair access for all to the full range of resources.
13. Environmental Justice calls for the strict enforcement of principles of informed consent, and a halt to the testing of experimental reproductive and medical procedures and vaccinations on people of color.
14. Environmental Justice opposes the destructive operations of multinational corporations.
15. Environmental Justice opposes military occupation, repression and exploitation of lands, peoples and cultures, and other life forms.
16. Environmental Justice calls for the education of present and future generations which emphasizes social and environmental issues, based on our experience and an appreciation of our diverse cultural perspectives.
17. Environmental Justice requires that we, as individuals, make personal and consumer choices to consume as little of Mother Earth's resources and to produce as little waste as possible; and make the conscious decision to challenge and reprioritize our lifestyles to ensure the health of the natural world for present and future generations.
The Proceedings to the First National People of Color Environmental Leadership Summit are available from the United Church of Christ Commission for Racial Justice, 475 Riverside Dr. Suite 1950, New York, NY 10115.2
2 Principles of environmental justice. (1996, April 6). Retrieved from http://www. ejnet.org/ej/principles.html
California Environmental
Justice Alliance
1904 Franklin Street
Suite 610
Oakland, CA 94612
(510) 808-5898
[email protected]
caleja.org
PlaceWorks
3 MacArthur Place
Suite 1100
Santa Ana, CA 92707
(714) 966-9220
[email protected]
placeworks.com
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 1 of 7
Why Plan for
Environmental
Justice?
1EJ is a core part of local governments’ duty
to ensure the health and well-being of the
communities that they serve. Planning for
EJ can undo harms resulting from poor and/or
discriminatory planning, prevent future problems
from happening, and promote community-serving
investments.
2The American Institute of Certified
Planners sets forth ethical standards that
emphasize meaningful involvement and
planning for the needs of impacted communities to
achieve social justice.
3Local land use planning must comply with
State laws as well as adhere to federal
mandates that address EJ, such as the
California Fair Employment and Housing Act and
federal Fair Housing Act. SB 1000 can help to
ensure that General Plan policies and programs,
along with local jurisdictions themselves, achieve
compliance and consistency with these laws.
4Intelligent planning creates healthy and
vibrant communities while preventing
harmful outcomes that can be costly, not
only to disadvantaged communities, but to the city
or county as a whole due to compliance issues.
5 Community engagement is a core part of
planning for EJ that can improve planning
decisions and can allow jurisdictions to
target programs and investments to those who
need it most. By working with impacted residents,
local governments can identify problems more
accurately, improve public health, strengthen
local economies, create healthier and safer
environments, and can foster a greater sense of
trust with the public.
6 Planning for EJ can position a local
jurisdiction to leverage additional federal,
State, and philanthropic resources for
planning and implementation projects. EJ-based
planning can also position a city or a county to
receive grants from the State’s Greenhouse Gas
Reduction Fund.
7EJ and land use planning have always been
connected. SB 1000’s EJ requirements
identify housing as a necessary topic while
relating closely to the statutory requirements
for land use, circulation, and safety. The topic
of social equity relates closely to the statutory
requirements for all General Plan elements.
The SB 1000 Implementation Toolkit and
associated fact sheets are intended to inspire
local governments, planners, and community
stakeholders to go above and beyond the basic
requirements of SB 1000 to achieve the multiple
benefits that can come with planning for EJ
and addressing the health and well-being of
disadvantaged communities.
The Planning for Healthy Communities Act
SB 1000 was signed into law in 2016,
mandating that cities and counties adopt an
EJ Element or integrate EJ goals, objectives,
and policies into other elements of their
General Plans. The General Plan represents
a community’s long-term vision for growth
related to land use, circulation, housing,
conservation, open space, noise, and safety.
A workshop on land use planning (CEJA).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000: A Guiding Framework
SB 1000 encourages local jurisdictions and community stakeholders throughout California to proactively plan for and address EJ concerns by requiring that General Plans have an EJ Element or integrate EJ goals, objectives, and policies into other elements. Under SB 1000, the EJ Element or integrated EJ policies must reduce the unique or compounded health risks in disadvantaged communities by addressing at minimum the following topics:
Pollution Exposure
and Air Quality
Policies to prevent and
mitigate exposure to
hazardous materials
and air pollution,
remove and restrict toxic pollutants, and protect
sensitive populations.
Public Facilities
Policies to promote equitable
access to facilities such
as infrastructure, parks,
community facilities, active
transportation, roads
and trails, and healthcare
facilities.
Food Access
Policies to promote
healthy food access
for EJ communities
through programs and
projects, such as grocery
supermarkets, farmers’
markets, local agriculture,
and mobile vending.
Safe and
Sanitary Homes
Policies to ensure
healthy and safe
housing, such as
remediating leadbased building
materials and
asbestos and increasing access to housing/
affordable housing, by eliminating barriers to fair
housing and preventing displacement.
Physical Activity
Policies to promote spaces for physical
activity and ensure their access, connectivity,
and equitable
distribution, such as
through pedestrianand bicycle-friendly
streetscape
environments.
Health Equity
Policies to ensure that all people have full and
equal access to opportunities that enable them to
lead healthy lives.
Social Determinants of
Health
Policies to address the
structural determinants and
conditions in which people are
born, grow, live, work, and age, including factors
such as race and ethnicity, income, educational
attainment, employment, social support networks,
and access to healthcare.
Community Engagement
Policies and best practices for
promoting equitable, inclusive,
and meaningful community
engagement in local planning
processes that benefit EJ
communities.
Improvements and Programs That Address
the Needs of Disadvantaged Communities
Policies to identify and reverse systemic
funding inequities by prioritizing resources,
improvements, and programs for EJ communities.
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 2 of 7
The Environmental
Justice Planning
Process
When to Prepare an EJ Element
SB 1000 requires a local government to prepare
an EJ Element or integrate EJ-related policies
into other elements when both of the following
conditions apply:
] “The concurrent adoption or next revision of
two or more other General Plan elements on or
after January 1, 2018.”
] When a local jurisdiction identifies one or more
disadvantaged communities within its General
Plan planning area.
Alternatively, a jurisdiction may voluntarily adopt
an EJ Element or integrate EJ policies into its
General Plan.
A Sample EJ Planning Process
1 Conduct Introductory Public Meeting(s),
Identify Disadvantaged Communities, and
Document Existing Conditions. Introductory
public meeting(s) should be hosted to announce
the General Plan update and provide information
to the public, including ways for community
members to engage. Using the most appropriate
tools and data, including input from the public,
jurisdictions should also embark upon a process
to identify disadvantaged communities.
2Involve and Engage the Community.
Early, proactive, and ongoing community
engagement is critical for gathering input on
EJ issues and objectives. These activities would
be conducted before and during the development
of EJ goals, policies, and objectives. Planners
should also consider the creation of a community
advisory committee.
3 Develop EJ Goals, Policies, and Objectives.
Using existing conditions analyses and
community feedback, planners will
begin developing EJ policies for disadvantaged
communities. EJ policies should provide shortand long-term strategies for addressing existing issues while also providing an implementation
matrix to identify responsible actors.
4 Adopt the Element or Policies. After drafting
an EJ Element and/or all affected General
Plan elements, having environmental
clearance is required (see California
Environmental Quality Act). A successful vote for
adoption by a City Council or Board of Supervisors
would finalize the proposed element(s) and
complete the planning process.
5 Continually Evaluate during
Implementation. Achieving a truly effective
EJ Element or EJ goals requires ongoing
and robust implementation beyond the planning
process. Thus, it is imperative to evaluate the
process with community stakeholders and build in
opportunities for periodic review and evaluation.
An East Oakland community workshop on SB 1000 (CEJA).
A community outreach fair in National City (EHC).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ Ways to Integrate EJ into General Plans
1. The preparation of a stand-alone EJ Element
demonstrates the importance of EJ and
facilitates ease of access, but may not clearly
outline the interrelationships and ensure
consistency of EJ-related topics with other
General Plan elements.
2. Integrating EJ policies throughout a General
Plan can better demonstrate interrelationships
and maintain consistency with other policies
in each element, but EJ goals and policies
may not be easily prioritized or located in the
General Plan.
Related Laws and Legislation
] California Environmental Quality Act (CEQA):
Requires government agencies to study and
disclose the potential environmental impacts
of proposed projects, and to reduce those
environmental impacts to the extent feasible.
] SB 535 - California Global Warming Solutions
Act of 2006: Greenhouse Gas Reduction
Fund: Defines and identifies disadvantaged
communities.
] AB 1550 - Greenhouse Gases Investment Plan:
Builds upon SB 535 by defining low-income
households or communities.
] AB 170 - San Joaquin Valley Air Quality
Elements: Requires San Joaquin Valley cities
and counties to adopt an Air Quality Element.
] SB 244 - Planning for Unincorporated
Disadvantaged Communities: Provides
strategies to plan for disadvantaged
unincorporated communities.
] SB 379 - Climate Adaptation and Resiliency
Strategies: Requires cities/counties to review
and update the Safety Element to include
climate adaptation and resiliency strategies.
Environmental Justice Planning Process Diagram
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 3 of 7
Identifying
Disadvantaged
Communities
Disadvantaged communities (DACs) should be
identified at the very beginning of a process to
develop a General Plan. Community members
should also be involved in the identification of
DACs, since they are directly impacted by and
have knowledge of EJ issues.
This process can also include ground-truthing,
which is “a community fact-finding process where
residents supplement technical information with
local knowledge in order to better inform policy
and project decisions.”
Defining a Disadvantaged Community
1. An area identified by the California
Environmental Protection Agency as
located within the top 25% highest scoring
census tracts in the California Communities
Environmental Health Screening Tool
(CalEnviroScreen or CES).
2. “A low-income area that is disproportionately
affected by environmental pollution and
other hazards that can lead to negative
health effects, exposure, or environmental
degradation.”
Local governments, planners, and community
stakeholders may also choose to adjust or modify
how they use CalEnviroScreen in order to fit their
particular rural, suburban, or urban communities
when identifying DACs.
Ways to Use and Adjust CalEnviroScreen
for Contextual Needs
Though CalEnviroScreen provides a precalculated composite score, the tool’s data is available online and can be used in different
ways to be more appropriate in local contexts.
A number of options are available for adjusting
CalEnviroScreen and the Toolkit recommends the
ones outlined below.
Option A: Customizing Indicators
Customize the number or types of CES indicators
used to identify DACs. This approach is useful in
areas where certain environmental indicators in
the tool are not as prevalent.
Option B: Regional Rankings
CES data can be used to generate regional
or local rankings instead of the tool’s default
statewide ranking. This technique can identify
highly impacted areas within a region or locality
that may not necessarily be captured through a
statewide ranking.
Option C: Custom Percentage Threshold
Local governments and planners may choose to
select a different percentage of CES census tracts
when determining the threshold for defining DACs
in their area. Examples:
] A jurisdiction that does not have many census
tracts in the top 25% of CES could use an
expanded percentage threshold (e.g., the top
30% or 35% highest scoring census tracts in
the state or region).
] A jurisdiction that contains a majority of top
25% CES census tracts can choose a more
narrow focus (e.g., the top 10% or 15% highest
scoring census tracts).
A CalEnviroScreen 3.0 map of Oakland.
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ Option D: Integrating Other Tools or Indicators
Local governments and planners may choose to
use the top 25% (or another percentage) of CES
census tracts as a baseline, but may also overlay
another indicator or screening tools (e.g., Healthy
Places Index, air district data, etc.)
Screening for DACs through Income and
Pollution Burden
SB 1000 provides local governments with some
flexibility to define DACs by identifying areas
that are both low-income and disproportionately
affected by environmental pollution and other
hazards that can lead to negative health effects,
exposure, and/or environmental degradation.
Methods for Identifying Low-Income Areas
Low-income areas can be identified by statewide
median income (at or below 80%) or by state
income limits defined by the California Department
of Housing and Community Development.
Tools for Identifying Areas Disproportionately
Affected by Environmental Pollution and Other
Hazards
] Environmental Justice Screening Method
(Statewide, Comprehensive)
] U.S. EPA Environmental Justice Screening and
Mapping Tool (Statewide, Comprehensive)
] California Healthy Places Index (Issue Specific:
Social Equity)
] BAAQMD Community Air Risk Evaluation
Program (Regional: San Francisco Bay Area)
] Cumulative Environmental Vulnerabilities
Assessment (Regional: San Joaquin Valley and
Coachella Valley)
] SCAG Sustainability Maps and Tools (Regional:
Southern California)
] SCAQMD MATES IV Study (Regional: South
Coast, Issue Specific: Air Quality)
Ways to Identify Disadvantaged Communities
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 4 of 7
Community
Engagement
A key environmental justice principle is involving
the communities most impacted by pollution
and other environmental problems so that they
can have a say in the decisions that impact their
health and well-being. Community engagement is
also important to the SB 1000 planning process
because community members are holders of
local knowledge and data; listening to their voices
can lead to better and more effective planning
decisions.
Planners should dedicate sufficient time
and resources for residential engagement,
including capacity-building and education so
that community stakeholders can meaningfully
contribute to planning decisions.
Key Principles for Community Engagement
] Inclusion
] Access, Transparency, and Responsiveness
] Accountability
] Broad and Balanced Participation
] Honor and Include Local Community
Knowledge
] Long-Term Commitment
Best Practice Strategies
Those leading SB 1000 efforts must work to
overcome barriers to community participation by:
] Creating accessible meeting times and
locations.
] Giving proper notice of meetings and activities.
] Providing language interpretation and
translation.
] Offering supportive resources, such as child
care and transportation.
] Building resident capacity, such as providing
education on planning processes.
] Establishing relationships and trust, including
addressing local histories and barriers for
residents.
Benefits of Partnering with Community-Based
Organizations (CBOs)
Since community members must be prepared
and briefed in order to participate in a
meaningful way, local governments can
improve this process by partnering or
contracting with CBOs.
1. CBOs can provide community engagement
expertise and maintain a horizontal
network within the community—two things
that local jurisdictions do not maintain and/
or may not be able to provide.
2. They can also help cultivate the trust
that is required for authentic community
participation during the planning process
and for the successful implementation of
an EJ Element after it is adopted.
Coachella Valley residents discuss a
shared vision for the region (LCJA).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ Methods of Community Engagement
] Community-Based Participatory Action
Research
] Community Events and Fairs
] Design Charrette
] Door-to-Door Canvassing
] Focus Groups
] General Plan Advisory Committee
] Interactive Workshops
] Online and Mobile Engagement
] Open Houses
] Participatory Budgeting
] Promotoras Model
] Surveys
] Tours
IAP2 Public Participation Spectrum
Community leaders in South Fresno (LCJA).
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 5 of 7
SB 1000 Goals,
Policies, and
Objectives
SB 1000 specifies eight areas that must be
integrated into a stand-alone EJ Element or
through integrated EJ goals:
1. Reduce the unique and compounded health
risks in disadvantaged communities.
2. Reduce pollution exposure and improve air
quality.
3. Promote public facilities.
4. Promote food access.
5. Promote safe and sanitary homes.
6. Promote physical activity.
7. Promote “civil engagement” in the public
decision-making process.
8. Prioritize improvements and programs
that address the needs of disadvantaged
communities.
The Toolkit suggests two optional objectives that
also reduce community health risks and promote
EJ: equitable development and design, and
reducing climate vulnerability.
Successful General Plans use clear and specific
policy language. As the Office of Planning and
Research’s General Plan Guidelines (2017) states:
As policy priorities are established,
formulating strong policy language is a key
first step. For example, rather than “consider
implementing” use the word “implement.” Also,
instead of using the phrase “consider the
development of,” use “develop and implement.”
Additionally, to create more accountable
policy language use “priority on” rather than
“emphasis on” to highlight policy areas of
particular focus.
Displacement and Gentrification
Gentrification is a process whereby the value
of land and buildings in a particular area
increases over time due to investments and
development, resulting in the displacement
of existing residents and businesses. It
important for local governments to consider
these issues when implementing SB 1000 as
public investments may have the unintended
consequence of pushing out existing residents
and businesses that they intend to serve.
Examples of anti-displacement strategies
include:
] Inclusionary zoning
] No net loss of affordable housing
] Gentrification studies
] Renter protections, such as rent
stabilization and Just Cause eviction
ordinances
] Incentive rezoning regulations that fund
inclusionary housing
] Jobs-housing linkage fees
] Foreclosure assistance
] Value capture strategies
Reimagining a healthier and more
accessible South Los Angeles (Metro).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ Summary of SB 1000
Recommendations
Reduce Pollution Exposure, including Air
Quality Improvement
• Reduce pollution from the land use and circulation
(source reduction)
• Separate the source of pollution from the sensitive
land use or population (separation)
• Reduce the impact of the pollution uses on sensitive
land uses or populations (mitigation)
• Consider amortization ordinances
• Reduce traffic congestion and vehicle trips
• Create land use patterns that will encourage
people to walk, bicycle, or use public transit
• Encourage compact developments
• Reduce emissions related to energy consumption
and stationary sources
• Reduce water contamination
Promote Public Facilities
• Provide equitable distribution to and access from
underserved areas
• Meet future demands of underserved communities
• Ensure regulatory compliance
• Utilize a multi-benefit implementation approach
• Ensure interagency coordination
• Sustainability – Maintenance and energy
Promote Food Access
• Create opportunities to access affordable and
nutritious foods
• Prioritize the development of healthy food
establishments in economic development efforts
• Protect and expand urban agriculture
• Scale up local purchasing
• Set up school-based programs that integrate
gardening and nutrition
Promote Safe and Sanitary Homes
• Address unhealthy housing conditions (lead,
asbestos, overcrowding, mold, pests)
• Address housing affordability
• Promote land use compatibility
Promote Physical Activity
• Improve access and connectivity
• Promote urban greening
• Implement complete streets
Promote Community Engagement in the
Public Decisicionmaking Process
• Promote capacity-building
• Ensure cultural considerations
• Ensure broad and balanced participation
• Accommodate language access
• Maximize use of technology
Prioritize Improvements and Programs
that Address the Needs of DACs
• Consider EJ issues in the equitable provision of
public amenities that improve the quality of life
• Support a strong, diverse local business community
• Creation of priority zones, also known as Green
Zones
Equitable Development and Design
• Promote community-oriented development
• Improve community economic health
• Promote workforce development
• Promote placemaking
• Ensure equitable transit-oriented development
Reduce Impacts of Climate Change
• Minimize greenhouse gas emissions
• Increase renewable energy and access
• Promote energy efficiency
• Develop extreme heat adaptation plans
• Promote flood-resistant development and retrofits
• Support increased resilience for transportation,
particularly for persons with limited mobility
• Prioritize disproportionately-vulnerable
populations
• Implement measures to reduce risks to fire
hazards
• Develop preventive and protective strategies
against climate change impacts
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 6 of 7
Case Study: National
City’s Health and
Environmental
Justice Element
Why National City Planned for
Environmental Justice
National City created the state’s first
environmental justice element. The Health and
Environmental Justice (HEJ) Element addresses
public health issues that arose from poor land use
planning (e.g., light industrial and manufacturing
uses mixed with homes and schools), high daily
traffic, limited parking at job sites, high noise
levels, poor air quality, community exposure to
hazardous materials, and a lack of access to
public facilities and services (such as community
centers, parks, and open space).
Community Engagement Process
From the very beginning, the HEJ planning
process was strongly supported and organized
by community-based organizations and residents.
For over ten years, the Environmental Health
Coalition (EHC) worked with residents to promote
a vision of the city that reflected residents’ goals
and aspirations for a healthy community.
In 2009, local residents and community-based
organizations, including EHC, met with the mayor
to discuss a plan to leverage State funding for the
new HEJ Element. Since the City was already in
the process of updating its General Plan, the HEJ
Element was funded through that process with no
additional funding.
Outcome
The HEJ Element includes goals to improve public
health and promote the well-being of all segments
of the population through better design of the built
environment. Two key principles guide the HEJ
Element’s policies and programs.
] Quality of Life. In order to address
socioeconomic inequities and balance
development with accessible community
amenities, the HEJ Element seeks to (1)
increase quality of life by providing a mixture
of housing opportunities; (2) improve access
to different transportation modes; (3) enhance
community character and promote the cultural
arts; (4) address noise, nuisance, health,
and maintenance issues; (5) promote the
amortization of incompatible land uses over
time; and (6) ensure that future generations
can meet their environmental resource needs.
] Health and Safety. The HEJ Element seeks
to encourage healthier living by increasing
walkability, bikeability, recreational
opportunities, and urban agriculture as well
as improving air and water quality through
sustainable development. The plan includes
compact, mixed-use development to help
increase human activity on the street, new
community farms and gardens to encourage
activity in common areas, increased lighting
and surveillance, and improved emergency
services.
Groundbreaking of National City
affordable housing project (EHC).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ Key Lessons
] Grassroots organizing and community-led
advocacy was at the forefront of efforts to
identify and address land use inconsistencies
between the City’s Westside Specific Plan and
the existing General Plan.
] Education and awareness of environmental
justice-related issues among policymakers,
including city council members, increased
support for the HEJ Element.
] The potential to become eligible for State
funding opportunities was an incentive to
create the HEJ Element.
] The HEJ Element used CARB’s Air Quality and
Land Use Handbook: A Community Health
Perspective (2003) to inform many of the
Element’s goals and policies, including a
specific objective to promote the creation of
buffer zones around sensitive land uses.
] The City decided to create a stand-alone
Element so that users of the document
could easily locate all policies related to
environmental justice in one place. Crossreferencing was considered but ultimately not included in the plan.
] Challenges included not having adopted
policies be at the level of specificity that was
desired by community-based organizations,
and not having a more extensive community
engagement process, including more
workshops, to increase the amount of
meaningful feedback on the HEJ Element.
Case Study Summary: National City
Location San Diego County
Community Type Suburban
Population Size 58,582
Geographic Area 9.12 sq. mi.
EJ Issue(s)
Addressed
Lack of public facilities,
hazardous sites, air and
water quality
Community
Engagement
Process
City Council, communitybased organizations
Community-Based
Organization
Actively Engaged
Environmental Health
Coalition (EHC)
Outcome EJ Element
Adopted June 2011
Celebrating safe routes to school
for National City youth (EHC).
Traffic signs to divert heavy-duty
trucks from residential areas (EHC).
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 6 of 7
Case Study:
Jurupa Valley’s
Environmental
Justice Element
Why Jurupa Valley Planned for
Environmental Justice
Jurupa Valley created the state’s second EJ
Element to address the severe pollution and
poor air quality that resulted from intense
industrial and manufacturing activity in the
region, especially warehousing. For decades, the
City allowed industrial uses to be sited adjacent
to homes and schools in Mira Loma Village. As
the result of a legal settlement between the
City and the Center for Community Action and
Environmental Justice (CCAEJ) in 2013, the
Jurupa Valley Environmental Justice Element
(JVEJE) was developed to protect public health and
promote environmental and social equity.
Community Engagement Process
The community engagement process was led
by a team that included a consultant, non-profit
organization (CCAEJ), and City staff. The team
held several meetings in affected neighborhoods,
with translation services and child care provided
by the City. During these community meetings,
local residents identified environmental health
priorities and developed strategies to address
the main EJ issue, including areas to target future
public investments, such as community parks,
and the best solutions and areas to prioritize for
mitigation measures, such as a restricted freight
route in Mira Loma Village.
Outcome
Since its approval in 2014, the JVEJE has played
an integral role in local land use decisions to
promote a healthy environment for all residents.
The JVEJE covers all of the EJ topics targeted by
SB 1000.
The JVEJE maintains the following benefits as a
standalone element:
] A comprehensive and accessible set of
performance metrics is included to measure
the City’s progress on achieving its EJ goals.
] Strategies for institutionalizing
interdisciplinary partnerships are promoted
to address EJ challenges and implementation
strategies are clearly articulated.
] EJ goals that may not have been suitable to
include other General Plan elements are given
space in the EJ Element and prominence.
] Topics such as public facilities and services,
which otherwise would be discussed in other
elements of a General Plan, can be oriented
with an EJ focus to ensure they benefit
disadvantaged communities in the EJ Element.
Community leaders advocating for
strong air pollution control (CCAEJ).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ Key Lessons
Implementation of the JVEJE has resulted in
multiple benefits in Jurupa Valley. The City has
installed high-performance air-filtration units in
homes throughout the Mira Loma area while also
creating vegetative barriers to reduce exposure
to air pollution. The City is also developing a
restrictive truck route to prevent diesel trucks
from traveling in close proximity to homes.
The JVEJE planning process offers the following
lessons:
] In addition to the legal settlement, the EJ
Element was funded in part by a supplemental
environmental project through the California
Department of Toxic Substances Control.
] The planning process engaged community
leaders and empowered them to shape
investments in their community. This process
helped the City identify and prioritize the most
effective projects to address EJ concerns in
each area.
] City staff used both CalEnviroScreen and the
Environmental Justice Screening Method to
identify disadvantaged communities in Jurupa
Valley and currently maintain a map of this
data as a result of the planning process.
] Following completion of the JVEJE, the City
adopted a strategy of voting by district to
encourage election of decision makers who
live in disadvantaged communities and will
help establish a more equitable decisionmaking body.
] The Element exceeded State requirements for
addressing EJ in General Plans at the time. In
2015, the Element earned awards from the
Inland Empire Section and California Chapter
of the American Planning Association.
Case Study Summary: Jurupa Valley
Location Inland Empire
Community Type Urban
Population Size 95,005
Geographic Area 43.68 sq. mi.
EJ Issue(s)
Addressed
Air quality
Community
Engagement
Process
Partnership with
community-based
organizations, fundraising
Community-Based
Organization
Actively Engaged
Center for Community
Action and Environmental
Justice (CCAEJ)
Outcome EJ Element
Adopted November 2014
Jurupa Valley activists at a 2018 climate rally (CCAEJ).
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 6 of 7
Case Study: The
Southwest Fresno
Specific Plan
Why Fresno Planned for Environmental
Justice
The Southwest Fresno Specific Plan (SWFSP) was
initiated by the City of Fresno in 2015 to guide
future development in a historically underserved
residential area of Fresno that bears multiple
environmental impacts from heavy industrial uses.
The plan aimed to address the following concerns:
] Hazardous Sites. Contaminated sites have
released hazardous materials into the
groundwater, which requires remediation and
intervention by State and federal agencies.
] Air Pollution. The area is one of the most
polluted regions in California. Major pollutants
include diesel particulate matter and ozone.
] Toxic Emissions. Southwest Fresno is ranked
in the worst 5% of all CalEnviroScreen census
tracts when it comes to toxic releases.
] Groundwater Quality. Fresno’s drinking water
contains contaminants caused by septic tanks
and nearby agricultural land uses, while
several areas still remain without sewers.
Community Engagement Process
Over the course of two years, the SWFSP’s
iterative community engagement process
included several meetings and workshops in
which over two hundred residents helped shape
the preferred land use scenario map that was
adopted by the city council. Planning staff held
“office hours” so that community members could
drop in to learn and share input on several topics,
such as land use and transportation. Core to this
community engagement process was the SWFSP
Steering Committee, which was authorized by the
City to be a decision making body in the process.
The SWFSP Steering Committee is made up of
representatives from the community, communitybased organizations, local agencies, developers, and other stakeholders.
Outcome
In addition to providing a vision for Southwest
Fresno that focuses on healthy land uses and
development capacities, the SWFSP specifically
promotes EJ through three guiding principles.
] Guiding Principle 8: Employment areas in
Southwest Fresno should be planned and
zoned for “healthy” businesses. While more
jobs in Southwest Fresno are desirable, the
businesses that provide them must be healthy,
safe, and good neighbors to the surrounding
community.
] Guiding Principle 11: The transportation
network should be improved to serve all
members of the community whether they
wish to travel by car, bus, bicycle, foot, or
wheelchair. Transit should be focused on
corridors that have more intensive land uses.
Truck routes should be located away from
residential uses whenever possible.
] Guiding Principle 12: Urban greening should
be applied to Southwest Fresno to create more
environmentally healthy places. These actions
should:
Residents participate in a hearing for proposed
warehouse development in South Fresno (LCJA).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ ] Improve environmental health.
] Create outdoor spaces that people care
about.
] Integrate the natural environment with the
built environment.
] Facilitate alternative modes of
transportation, such as safe walking,
biking, and transit use.
] Increase urban tree canopy.
] Manage stormwater on-site.
Key Lessons
The following lesson can be drawn from the
SWFSP planning process:
] Community Development Block Grant funding
was used to support this planning effort.
] The steering committee’s cross-sector
makeup encouraged diverse perspectives and
interests, which motivated decision makers to
embrace the preferred land use scenario.
] Community-based organizations promoted the
planning workshops through their networks
and held meetings at times and locations
where the community felt comfortable.
They were also successful in making the
topics and materials widely accessible and
understandable.
] The City and Steering Committee members
were committed to seeing the process through,
and an outside facilitator was provided to lead
Steering Committee discussions.
] The Steering Committee created clear roles
and used a two-thirds majority voting rule to
ensure that deliberations move forward on
schedule.
] The process was championed by an elected
official who helped sustain momentum,
regularly attended meetings, and provided
a key link between residents and decision
makers.
Case Study Summary: Southwest Fresno
Location Central Valley
Community Type Urban
Population Size 494,665
Geographic Area 114.39 sq. mi.
EJ Issue(s)
Addressed
Hazardous sites, air and
water quality
Community
Engagement
Process
Steering Committee
Community-Based
Organization
Actively Engaged
Leadership Counsel for
Justice and Accountability
(LCJA)
Outcome Integrated policies within
a Specific Plan
Adopted October 2017
Community leaders in South Fresno (LCJA).
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 6 of 7
Case Study: Los
Angeles’ Clean Up
Green Up Ordinance
Why LA Planned for Environmental Justice
The City of Los Angeles adopted the first ever
“Clean Up Green Up” (CUGU) Ordinance to reduce
public exposure to pollutant emissions and other
unhealthy environmental impacts in three “toxic
hotspots” neighborhoods: Pacoima/Sun Valley,
Boyle Heights, and Wilmington.
CalEnviroScreen identifies all three
neighborhoods in the top 5% of communities in
California with the highest pollution burdens and
socioeconomic vulnerabilities. Compared to other
areas in Los Angeles, the three communities
have higher rates of asthma, cancer, obesity, and
cardiovascular and respiratory disease, and more
pedestrian and cyclist injuries or deaths.
Community Engagement Process
Community engagement was led by the LA
Collaborative for Environmental Health and
Justice, a grassroots group comprised of
members from pollution-burdened neighborhoods
that formed in 2006 to combat the issue of
citywide industrial pollution. A community-based
ground-truthing process was a key component
of the CUGU campaign. Community members
engaged in the following activities with university
researchers and the Liberty Hill Foundation:
] Verified the locations of air toxic facilities listed by the State.
] Monitored air quality and identified facilities
believed to be toxic.
] Identified additional sensitive land uses, such
as family-based daycare centers.
] Informed neighbors about the planning
process.
] Defined industries of concern that needed to
be included in the policy.
] Identified industrial classifications believed to
be the most harmful.
] Visited neighborhoods to compare similarities
and differences among communities.
Next, the city conducted a series of public
workshops in partnership with community-based
organizations, who worked to ensure broad
attendance at each workshop.
Outcome
On April 22, 2016, Mayor Garcetti signed the
CUGU Ordinance into law with unanimous
support from the LA City Council. The ordinance
establishes new development standards to govern
many new and/or expanded industries in each
community, such as:
] Proper building and mechanical enclosures to
prevent fugitive emissions.
] “No Idling” signage for diesel trucks at
warehouses and other industrial facilities.
] “Buffer zones” setbacks of 500 feet between
auto-related uses and residences.
] Improved site planning such as proper trash
enclosures and materials storage.
] Provisions for complying with noise standards
and proper mitigations.
Residents and business owners show up in
support of the CUGU policy (LA Collaborative
for Environmental Health and Justice).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ ] Signage on municipal buildings within 1,000
feet of freeways warning of health hazards
due to vehicle exhaust and particulate matter.
The ordinance also established new requirements
such as:
] The installation of high-grade air filters for
all residential and commercial development
within 1,000 feet of a freeway.
] A conditional use permit for construction of
new or expanding oil refineries.
] The submission of a health impact assessment
and a truck routing plan.
In addition, the ordinance created an ombudsman
position to support local businesses with
navigating the permitting process and to help
them comply with regulatory standards.
The ordinance also created plans to attract new
investment in communities that would promote
environmental health, such as electric vehicle
infrastructure and urban greening.
Key Lessons
The following achievements and challenges can be
elicited from the CUGU planning process:
] The LA Collaborative’s community-driven
process illustrated how broad-based and
inclusive engagement is possible when there is
financial support.
] Educating the community about environmental
health topics helps facilitate meaningful
engagement.
] Community-based organizations working
with members who live in the most impacted
areas are highly effective in recruiting other
residents into the planning process.
] Strengthening connections among diverse
neighborhoods helped develop leaders in the
campaign.
] Opposition to the ordinance caused a number
of community resident recommendations to
not be included in the final ordinance.
Case Study Summary: Los Angeles
Location Los Angeles
Community Type Urban
Population Size 3,792,621
Geographic Area 502.76 sq. mi.
EJ Issue(s)
Addressed
Air quality
Community
Engagement
Process
City Council, communitybased organizations
Community-Based
Organization
Actively Engaged
LA Collaborative for
Environmental Health and
Justice
Outcome City ordinance
Adopted April 2016
Rallying for CUGU (LA Collaborative for
Environmental Health and Justice).
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 6 of 7
Case Study:
Richmond
Community Wellness
Element
Why Richmond Planned for Environmental
Justice
Located in the East Bay Area, Richmond is an
ethnically and linguistically diverse city that
became the first city in the state to develop a
Community Health and Wellness Element (CHWE)
as part of its General Plan. The plan includes
integrated policies that promote public health in
other elements, noted by cross-references at the
end of each policy.
The city’s industrial corridor includes pollution
sources from large oil refineries, diesel truck
traffic, and railways. Residents who live in close
proximity to these emissions and contaminated
sites experience higher rates of respiratory
diseases, reduced lung growth, and heart
disease as well as negative health impacts due to
excessive noise, compared to neighboring cities.
At the plan’s inception, the community’s main
concerns were: 1) affordable housing, 2)
predatory lending and the foreclosure crisis,
3) air quality impacts from a proposed new oil
refinery project, 4) poor air quality from freeways
adjacent to residential neighborhoods, 5) a high
unemployment rate, and 6) a large number of
vacant lots.
Community Engagement Process
Initially, the City’s engagement strategy consisted
mostly of traditional methods such as mailers
and newsletters that announced meetings to the
public. After experiencing low meeting attendance,
the City reworked its engagement strategy by
reaching out to community groups already
actively working on the issues that the plan
addressed and attending numerous community
events. Building Healthy Communities, a California
Endowment initiative, became a key partner
that provided funding to support the process,
while making space for the participation of the
Richmond Equitable Development Initiative (REDI)
coalition in the community engagement process.
Development of the CHWE was guided by a
council-appointed, 37-member General Plan
advisory committee, a dedicated technical
advisory group, and a consultant team that
facilitated community meetings in neighborhoods
throughout Richmond. The General Plan advisory
committee included members of community-based
organizations that were engaged in the process.
The plan was developed over seven years.
Outcome
The final draft General Plan included 15 elements
and was adopted by the Council on April 24,
2012. It included the CHWE, and related health
policies woven into almost every other element.
The adoption of both a stand-alone CHWE and
integrated policies throughout the General Plan
demonstrated interconnections between EJ topics
and calls for interagency coordination.
Another outcome of the process was a Health
in All Policies (HiAP) strategy that could address
health inequities resulting from the built
Resident leaders advocating for
healthier communities (APEN).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ environment. The HiAP strategy uses several
indicators to measure progress toward achieving
the plan’s vision, including:
] The percentage of children not diagnosed with
asthma.
] The percentage of residents who rate air
quality in Richmond as excellent or good.
] The percentage of residents who rate
preservation of natural areas as excellent or
good.
The plan demonstrated the city’s ability to play
an active role in promoting public health by
ensuring quality housing as well as equitable
access to healthy jobs, parks, and food. The plan’s
policies address topics that range from healthy
food stores and urban gardens to air-quality
monitoring and living-wage jobs.
Key Lessons
The following achievements and challenges can be
taken from the Richmond’s General Plan update
planning process:
] The creation and adoption of the CHWE
demonstrated the City’s ground-breaking role
in contributing to sustainability and public
health.
] The plan continues to be supported by the
community during implementation, which
is partly a result of the effective community
engagement strategy.
] The CHWE provides a useful example for how
social equity language can be incorporated
into a General Plan.
] The REDI coalition acted as a bridge between
different stakeholders in the community, which
helped people see their shared interests.
] A significant amount of outside funding
supported creation of the plan.
Case Study Summary: Richmond
Location San Francisco Bay Area
Community Type Urban
Population Size 103,701
Geographic Area 52.51 sq. mi.
EJ Issue(s)
Addressed
Air quality specifically,
and public health broadly
Community
Engagement
Process
Advisory Committee
Community-Based
Organization
Actively Engaged
Richmond Equitable
Development Initiative
(REDI)
Outcome Health and Wellness
Element; integrated
policies within a General
Plan
Adopted April 2012
Community members canvassing
for healthy policies (APEN).
California Environmental Justice Alliance (CEJA)
Contact: Tiffany Eng | [email protected] | 510.808.5898 x103 Full toolkit: https://caleja.org/2017/09/sb-1000-toolkit-release/ SB 1000 Implementation Toolkit: Chapter 7 of 7
Potential Funding
Sources and Other
Types of Assistance
Although California requires local jurisdictions to
adopt a General Plan, including an EJ Element or
integrated EJ policies, the state does not provide
funds to support these efforts. Therefore, it is
important for local governments to consider ways
in which they can fund planning and SB 1000
efforts in particular.
Potential funding sources exist at the local,
regional, state, and federal levels as well as
through private philanthropic sources. However,
funding availability depends on administration
changes, budget allocations, continued program
existence, and application deadlines. Some of
these funds can be used for planning in general,
while some are dedicated to specific EJ objectives
such as food access, safe and sanitary homes,
and water quality.
There are also several technical assistance
programs that can provide expert consultation
to help cities and counties learn more about
a specific topic or method to achieve certain
tasks. Services may be provided on-site or
remotely, and can vary in the degree of support.
Technical assistance sources available to local
jurisdictions in support of SB 1000 objectives
include the U.S. Environmental Protection Agency
(US EPA), metropolitan planning organizations
(MPOs), councils of governments (COGs), and the
Prevention Institute.
Local Funds
] General Plan Maintenance Fee
] General Fund
Regional Funds
] SCAG Sustainability Planning Grants Program
] ABAG/MTC One Bay Area Grant Program
] SANDAG Healthy Works Phase II Program
] AMBAG Sustainable Communities Strategy
Implementation Project
] BCAG Regional Transportation Plan and
Sustainable Communities Strategy
] Fresno COG’s EJ Advisory Committee and EJ
Equity Analysis Report
] Kern COG Regional Transportation Plan
] KCAG Climate Action Plan
] MCTC Sustainable Energy Roadmap
] SACOG Programs
] SJCOG Measure K Bicycle, Pedestrian, and
Safe Routes to School Smart Growth Incentive
Program
Community-based air quality
monitoring in East Oakland (CBE).
Check out the full toolkit for more information: https://caleja.org/2017/09/sb-1000-toolkit-release/ ] SLOCOG Sustainable Communities Strategy
and Appendix O
] SRTA Infill and Redevelopment Incentive
Program
] StanCOG Environmental Justice Report
] WRCOG Healthy Communities Program
State Grants
] Caltrans Sustainable Transportation Planning
Grant Program
] Caltrans Environmental Justice and
Community-Based Transportation Planning
Grants
] Supplemental Environmental Projects
] The Transformative Climate Communities
Program Implementation and Planning Grants
] Community Revitalization and Investment
Authority
] CDFA: California Healthy Food Financing
Initiative
] CalEPA Environmental Justice Small Grants
Program
] State Water Resources Control Board
Proposition 1 State Water Grants
] State Water Resources Control Board Site
Cleanup Subaccount Program
Federal Grants
] Choice Neighborhoods (HUD)
] Agricultural Marketing Service and Food
Environment Atlas (USDA)
] Community Economic Development (HHS)
] Community Development Financial Institutions
Program and New Market Tax Credits
Program (Treasury)
] The Environmental Justice Collaborative
Problem-Solving (CPS) Cooperative Agreement
Program
] The Environmental Justice Small Grants
Program
] Technical Assistance Services for
Communities
Private Philanthropy
] The California Endowment
] California FreshWorks Fund
] The Liberty Hill Foundation
] Marguerite Casey Foundation
] Prevention Institute
] Kresge Foundation
] American Planning Association (APA) California
Chapter, Community Planning Assistance Team
(CPAT) Program
New Funding Sources
Additional funding sources will continue to be
established over time to support General Plan
updates and the update of specific elements,
which can also be utilized to support local SB
1000 efforts.
] SB 2 - Building Homes and Jobs Act
(Atkins, 2018): Created the Planning
Grants Program (PGP) to provide “onetime, over-the-counter (OTC) grants to local governments to update a variety
of planning documents and processes
that streamline housing approvals and
accelerate housing production.”
Item 8.2 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 8.2
SECTION 8: PRESENTATIONS
Meeting Date: February 22, 2020
Subject: Presentation Mobile MMS
From: Marisela Garcia, Interim City Manager
Submitted by: Michael Riddell, Public Works Director
RECOMMENDATION
No Action – Presentation Only
SUMMARY
Mobile MMS is a map-based, mobile, activity tracking system that agencies use to manage their plant assets such as treatment plants and their flat assets such as sewer or water pipes. The system provides maintenance, asset, inspection, and compliance management. It specialize in water and wastewater systems but also helps maintain street, storm water, facility, and fleet assets. MMS will help the city in the near term manage Work Orders, Customer Service Requests, and Citizen Requests as well as a full implementation of a Backflow Tracking and Testing system similar to the work that MMS has done for the City of Oakdale.
FINANCIAL IMPACT
$ 28,950.00
There are no attachments to this item.
Item 9.1 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL / LRA AGENDA ITEM NO. 9.1
SECTION 9: CONSENT CALENDAR
Meeting Date: February 22, 2022
Subject: Waiver of Readings
From: Marisela H. Garcia, Interim City Manager
Submitted by: Kathy L. Teixeira, Interim City Clerk
RECOMMENDATION
It is recommended that the City Council / LRA Board approve the waiver of readings of any proposed ordinances and resolutions for consideration, except by title.
SUMMARY
In lieu of reading the entire text of a proposed ordinance or resolution that is introduced for consideration for adoption and approval, by majority vote, the City Council/LRA Board may waive the reading of the text and introduce the ordinance or resolution by title only for the record.
The full text of the proposed ordinances and resolutions, and any related documents that are part of the agenda packet, are available for review by the public on the City’s website and in the City Clerk’s office at City Hall (North) upon distribution to a majority of the City Council/LRA Board; typically 72 hours prior to the scheduled date and time of the meeting.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENTS
There are no attachments to this report.
Item 9.2 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL / LOCAL REDEVELOPMENT AUTHORITY
AGENDA ITEM NO. 9.2
SECTION 9: CONSENT CALENDAR
Meeting Date: February 22, 2022
Subject: Approval of the following Minutes:
9.2A: The January 4, 2022, Special City Council and Local Redevelopment Authority Board Minutes.
9.2B: The January 11, 2022, City Council and Local
Redevelopment Authority Board Minutes.
9.2C: The January 22, 2022, City Council and Local
Redevelopment Authority Board Minutes.
9.2D: The February 8, 2022, City Council and Local
Redevelopment Authority Board Minutes.
RECOMMENDATION
It is recommended that the City Council / Local Redevelopment Authority Board approve the City Council /LRA Meeting Minutes as presented.
SUMMARY
The Draft Minutes of regular and special City Council and the Local Redevelopment Authority Board meetings have been prepared for review and approval.
FINANCIAL IMPACT
There is no financial impact to this item.
ATTACHMENT
1. The January 4, 2022, Special City Council and Local Redevelopment Authority Board Minutes.
2. The January 11, 2022, City Council and Local Redevelopment Authority Board Minutes.
Item 9.2 – CC/LRA – 01/11/2022
3. The January 22, 2022, City Council and Local Redevelopment Authority Board Minutes.
4. The February 8, 2022, City Council and Local Redevelopment Authority Board Minutes.
CC / LRA Minutes – 01-04-2022
MINUTES
TUESDAY, JANUARY 4, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair Richard O’Brien called the special meeting to order 6:00 p.m.
2. FLAG SALUTE - Mayor / Chair Richard O’Brien led the pledge of allegiance.
3. ROLL CALL
Members of the City Council / Authority Member present in the Chamber:
Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member District 3 Cal Campbell Council Member / Authority Member) District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D1) Luis Uribe
Mayor / Chair Richard D. O’Brien
4. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
No conflicts were declared.
5. PUBLIC HEARING: The public hearing notice was published in the Riverbank News on 12/29/2021.
Item 5.1 2nd Public Hearing – Redistricting Process for Riverbank’s Four (4) Councilmember District Boundaries – It is recommended that the City Council receive the redistricting information presented by National Demographics Corporation (NDC) Consultant Doug Yoakam; thereafter conduct the public hearing on this matter, and provide direction on whether to continue with the process of redrawing the district boundaries to create new maps for consideration or to plan to adopt the City’s current district boundaries map as the “Final Redistricting Map”.
The time being 6:04 p.m., Mayor / Chair Richard O’Brien opened the public hearing requesting staff’s report.
City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:
District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
CC / LRA Minutes – 01-04-2022
Consultant Doug Yoakam of National Demographics Corporation (NDC) presented a comprehensive staff report and PowerPoint Presentation. He advised the City Council that the new 2020 census data reflects that the City’s change in district populations is within the 10% deviation of the population standard which indicates the current district boundaries’ populations are relatively balanced. In conclusion he recommended that the City Council provide direction on whether to continue with the process of redrawing the district boundaries to create new maps for consideration or to indicate their plan to adopt the City’s current district boundaries map as the “Final Redistricting Map”.
City Clerk Aguilar provided clarification to the City Council advising them of the mechanisms in place in the Elections Code which allows for the City to adjust district boundaries later under certain parameters.
Mayor O’Brien opened the public hearing to public comment at 6:17 p.m. asking for those wishing to provide public testimony.
Public Comment
Evelyn Halbert questioned the hearing dates and the criteria used to establish boundaries.
Mr. Yoakam advised this is not the final hearing, the law requires four public hearings, and the City of Riverbank will hold the final two hearings on March 8, and March 22 to receive public input before making a final decision on mapping.
There being no further public testimony, Mayor O’Brien closed the public hearing at 6:29 p.m.
ACTION: By motion moved and seconded (Uribe / Barber-Martinez passed 5-0) to plan to adopt the City’s current district boundaries map as the “Final Redistricting Map”, subject to the remaining public hearings scheduled for March 8, 2022, and March 22, 2022.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Uribe, Hernandez Campbell, Barber-Martinez and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
6. PUBLIC COMMENTS (No action can be taken)
No public comments were received.
CC / LRA Minutes – 01-04-2022
7. ADJOURNMENT OF THE SPECIAL MEETING
There being no further business, Mayor / Chair O’Brien adjourned the special meeting at 6:32 p.m. to the next regular scheduled City Council / LRA Meeting of January 11, 2022.
ATTEST: (Adopted 02/22/2022) APPROVED:
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk / LRA Recorder Mayor / Chair
CC / LRA Minutes – 01-11-2022
MINUTES
TUESDAY, JANUARY 11, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair Richard D. O’Brien called the meeting to order 6:00 p.m.
2. FLAG SALUTE - Mayor / Chair Richard O’Brien led the pledge of allegiance.
3. ROLL CALL
Members of the City Council / Authority Member present in the Chamber:
Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member) District 3 Cal Campbell Vice Mayor / Vice Chair (CM-D1) Luis Uribe
Mayor / Chair Richard D. O’Brien
Members of the City Council / Authority Member present via ZOOM:
Council Member / Authority Member District 4 Darlene Barber-Martinez
4. INVOCATION – Reverend Charles Neal provided the invocation.
5. AGENDA CHANGES – There were no changes to the agenda.
6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
No conflicts were declared.
7. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Charles Neal stated his request that the City Council get involved in a solution to resolve the traffic issues related to Rio Altura School.
City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:
District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
CC / LRA Minutes – 01-11-2022
Dan Whetstone spoke in opposition of the River Walk project stating concern for the loss of farmland.
Fred Walton spoke in opposition of the River Walk project recommending a different proposal of ranchettes or a relocation of this type of development to a different location.
Mayor O’Brien came to the podium stating he wished to make a public comment commending Brian Scully, City Manager for the City of Riverbank since 2016. Mayor O’Brien citied Mr. Scully’s attributes and accomplishments during his stewardship of the city. In conclusion, Mayor O’Brien presented City Manager Scully with a Certificate of Appreciation.
City Manager Sean Scully accepted the Certificate of Appreciation from Mayor O’Brien expressing his gratitude to the City Council, staff and the community for the opportunity to serve and be a part of the Riverbank team.
Councilmember Barber-Martinez wished City Manager Scully the best in this next chapter and thanked him for his service.
Vice Mayor Uribe stated his appreciation for City Manager Scully’s open-door policy not only to City Council and staff but also the public.
Councilmember Campbell thanked Mr. Scully for his great communication with the City Council noting that Riverbank has come a long way since Mr. Scully’s tenure.
Charles O’Neal stated his appreciation for Mr. Scully’s responsiveness as City Manager to the citizens of Riverbank, stating that Mr. Scully has been an outstanding City Manager for Riverbank.
8. PRESENTATIONS (Informational only)
Item 8.1 StanCOG Presentation – Regional Transportation Plan and Sustainable Communities Strategy – Council to receive an update and report from the Stanislaus Council of Governments on the Regional Transportation Plan and Sustainable Communities Strategy.
StanCOG Planner, Israel Ojeda provided a comprehensive PowerPoint presentation update on the Regional Transportation Plan and Sustainable Communities Strategy.
Following the presentation, Planner Ojeda responded to questions posed by the City Council.
9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
CC / LRA Minutes – 01-11-2022
Item 9.2 Approval of the following Minutes:
9.2A The September 14, 2021, City Council and Local Redevelopment Authority Board Minutes.
9.2B The October 26, 2021, City Council and Local Redevelopment Authority Board Minutes.
9.2C The November 3, 2021, Special City Council Minutes.
9.2D The November 9, 2021, City Council and Local Redevelopment Authority Board Minutes.
9.2E The December 7, 2021, Special City Council Minutes.
9.2F The December 14, 2021, City Council and Local Redevelopment Authority Board Minutes.
ACTION: By motion moved and seconded (Campbell / Uribe / passed 5-0) to approve Consent Agenda Items 9.1 through 9.2 as presented.
Motion carried by unanimous City Council and LRA Board roll call vote.
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien.
NAYS: None / ABSENT: None / ABSTAINED: None
10. UNFINISHED BUSINESS
Item 10.1 Riverbank Energy Efficiency Project - Direction on Funding Strategy and Final Project Scope with SitelogIQ – It is recommended that the City Council provide direction on the final project scope of the energy efficiency project as well as provide direction on the desired funding strategy for the project.
City Manager Scully, before turning the meeting over to Jessica Ritter with SitelogIQ, presented the staff report recommending the City Council provide direction on the final project, scope of the energy efficiency project as well as provide direction on the desired funding strategy for the project.
Jessica Ritter with SitelogIQ introduced and turned the meeting over to Dr. Eddie Jordan, Manager of Project Development for SitelogIQ to review the project construction schedule.
Dr. Eddie Jordan, Manager of Project Development for SitelogIQ reviewed the project construction schedule with the City Council.
City Manager Scully, at the request of the City Council reviewed the options before the City Council.
ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5-0) to approve Project Option 1 and Financing Option 2.
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Motion carried by unanimous City Council and LRA Board roll call vote.
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien.
NAYS: None / ABSENT: None / ABSTAINED: None
11. NEW BUSINESS
Item 11.1 Nomination and Appointment of the Vice Mayor to Serve for the Year 2022 – It is recommended that the Mayor consider the rotation and nomination of a Vice Mayor to serve for the year 2022 by confirmation of the City Council.
Mayor O’Brien introduced the item and nominated Councilmember Campbell to serve as Vice Mayor for the year 2022 and asked the City Council to approve the appointment for a one-year term by roll call vote.
Councilmember Campbell accepted the nomination.
ACTION: By motion moved and seconded (O’Brien / Uribe / passed 5-0) to approve the appointment of Cal Campbell to serve for the year 2022. Motion carried by unanimous City Council roll call vote.
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff Item
City Manager Scully stated it has been his pleasure working with City Clerk Aguilar, Senior Management Analyst Torres-Manriquez and the rest of the Riverbank staff who have been invaluable to him during his tenure as Riverbank’s City Manager.
City Manager Scully stated in response to the communities’ requests that the City obtain more COVID 19 rapid tests, the City will continue checking with the County for availability of additional tests. Once received and available the City will schedule another giveaway.
Item 12.2 Council/Authority Member
Vice Mayor Campbell stated his appreciation to the Mayor and City Council members for allowing him the opportunity to serve as the Vice Mayor.
Councilmember Hernandez thanked City Manager Scully for his service to the City Council and the community.
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Councilmember Uribe reported on upcoming events and meetings including a Groundbreaking Ceremony at Kiwi’s Custom Guns on January 13 at 11:30 a.m.; League of California Subcommittee meetings including the Revenue and Taxation Subcommittee on January 13 as well as Stanislaus’ first 2030 Elected Officials webinar scheduled for January 20 at 1:30 p.m.
Councilmember Barber-Martinez reported the Riverbank Chamber of Commerce has new leadership that are currently planning on a Business Expo on February 24, and Stanislaus Home Alliance has a meeting as well this week. Councilmember Barber-Martinez thanked Stanislaus County as well as the Community Service Resource Deputy Zang for all of their service to our homeless population and wished the residents of Riverbank a Happy New Year and all the best to City Manager Scully in his future endeavors.
Councilmember Barber-Martinez in recognition of Martin Luther King Day on January 17, 2022 shared the following quote from Dr. King
“Everybody can be great...because anybody can serve. You don't have to have a college degree to serve. You don't have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.”
Item 12.3 Mayor/Chair
Mayor O’Brien requested that the City Manager schedule Operation Stanislaus at the LRA again and that it be coordinated with Aemetis, Inc., Circulus and Riverbank Organic in order to showcase these sustainable businesses at the Riverbank Industrial Complex.
Mayor O’Brien requested an update on the tax sharing agreement with Stanislaus County.
City Manager Scully responded he does not have an update but will provide a written update report before his departure for distribution to the City Council.
City Manager Scully stated he was advised by City Clerk Aguilar that Assistant City Manager Garcia raised her hand during staff comments.
Mayor O’Brien welcomed Assistant City Manager Garcia asking for her comments.
Assistant City Manager Garcia stated on behalf of Riverbank staff she wished to thank City Manager Scully for his leadership, mentorship and most importantly his friendship.
She stated she would also like to thank him for elevating the professionalism amongst staff putting together a team that the City Council can be proud of.
Mayor O’Brien asked when he could expect the year-end report. City Manager Scully responded it is forthcoming to the City Council.
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
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Item 13.1 CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code § 54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee organizations: Riverbank Miscellaneous Employees Riverbank Mid-Management Bargaining Unit
Mayor O’Brien advised that the City Council would not be going into closed session.
Interim City Manager Garcia confirmed staff does not have any updates at this time for the City Council, however, staff expects to have a closed session update at the February 8, City Council meeting.
14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:25 p.m. to the next regular scheduled City Council / LRA Meeting of January 22, 2022 at 6:00 p.m.
ATTEST: APPROVED:
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk / LRA Recorder Mayor / Chair
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MINUTES
TUESDAY, JANUARY 25, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair Richard O’Brien called the meeting to order 6:00 p.m.
2. FLAG SALUTE - Mayor / Chair Richard O’Brien led the pledge of allegiance.
3. ROLL CALL
Members of the City Council / Authority Member present in the Chamber:
Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member) District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D03) Cal Campbell
Mayor / Chair Richard D. O’Brien
Members of the City Council / Authority Member present via ZOOM:
Council Member / Authority Member District 1 Luis Uribe
4. INVOCATION – Reverend Randy Richardson provided the invocation.
5. AGENDA CHANGES – There were no changes to the agenda.
6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
Councilmember Barber-Martinez advised she has a conflict of interest with Agenda Item New Business 11.1 A Resolution Authorizing the City of Riverbank to Jointly Apply for the Homekey Program Funds, et al. and would be abstaining from discussion and action on this item.
7. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D3) Cal Campbell
Council/Authority Members:
District 1 Luis Uribe
District 2 Rachel Hernandez
District 4 Darlene Barber-Martinez
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Charles Neal, Director Stanislaus Consolidated Fire Protection District provided an update to the City Council advising at the January 13, Stanislaus Consolidated Fire Protection District Board Meeting, the Board entered into an agreement with the Modesto Fire Department to provide administrative services to the district.
Jamie Eggers, Bernard Eggers, Tammy Krim, Karen Carado, Fred Walton, Dan Whetstone, all spoke in opposition of River Walk project citing concerns of increased traffic and noise, loss of farmland, a flawed project process, building a flood zone, and adverse impacts to the water supply, sewage system and community services.
8. PRESENTATIONS (Informational only)
Item 8.1 Presentation to Annabelle Aguilar, City Clerk/Elections Official in Appreciation of Her Services to the City of Riverbank.
Mayor O’Brien presented Annabelle Aguilar, City Clerk/Elections Official with an engraved trophy/clock with his appreciation for her 15 years of invaluable service handled with professionalism and expertise to the City of Riverbank.
City Clerk/Elections Official Aguilar addressed the council, and the public, and expressed her appreciation past and present city council members in helping her accomplish her work.
Councilmember Uribe thanked City Clerk Aguilar for her assistance and wished her well in her journey.
Councilmember Barber-Martinez thanked City Clerk Aguilar for her professionalism stating the agendas have always been flawless.
Vice Mayor Campbell and Councilmember Hernandez stated their appreciation.
Interim City Manager Garcia on behalf of City staff she stated her thanks to City Clerk Aguilar for her 15 years of service to the City of Riverbank commending her on the professionalism and growth she brought to the position.
City Attorney Hallinan thanked City Clerk Aguilar stating her attention to detail and professionalism is unparalleled in the 30 years that he has been in his position as a City Attorney in Stanislaus County.
Karen Carado stating it has been her experience as a citizen, that City Clerk Aguilar has always very polite, prompt, efficient and professional in her dealings with the public.
Charles Neal stated he hates to see City Clerk Aguilar leave stating she always served the city in a respectful manner.
9. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the
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public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 9.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived. City of Riverbank Regular City Council and Local Redevelopment Authority Board Hybrid Meetings (In-Person: Face Covering Required) (Virtual via ZOOM) Council Chambers, 6707 Third St., Suite B Riverbank, CA 95367 CITY COUNCIL / LRA BOARD Mayor/Chair Richard D. O’Brien Vice Mayor/Chair (CM-D3) Cal Campbell Council/Authority Members: District 1 Luis Uribe District 2 Rachel Hernandez District 4 Darlene Barber-Martinez
Item 9.2 Acceptance of the Topeka Street Improvements between 3rd and 5th Streets Construction Project Completed by George Reed, Inc., and Authorization to File a Notice of Completion
Item 9.3 Resolution (No. 2022-001) Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment Item 9.4 Resolution (No. 2022-002) Authorizing the Interim City Manager to Execute New Signature Cards & Facsimile Signatures with WestAmerica Bank and Bank of America
Item 9.5 Resolution (No. 2022-003) Adopting a Formal Financial Policy and Procedure for Returned Checks
Item 9.6 Resolution (No. 2022-004) Authorizing the Addition of the Public Works Superintendent Job Classification to the Public Works Organizational Chart and Allocating up to $9,100 in Additional Funds for a Potential Promotion for Fiscal Year 2021-22.
In response to Councilmember Barber-Martinez request for clarification, for the public, on Item 9.6. Interim City Manager Garcia provided advised the Public Works Superintendent Job Classification is in response to the Public Works Director’s Succession Plan for the Public Works Department consequently providing future continuity of oversight to the Public Works Department.
ACTION: By motion moved and seconded (Campbell / Uribe / passed 5-0) to approve Consent Calendar Items 9.1 through 9.6, as presented.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
10. UNFINISHED BUSINESS
Item 10.1 Resolution Rescinding Resolution No. 2021-116 and Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing
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Allocation Program – It is recommended that the City Council consider adopting a Resolution that will rescind Resolution 2021-116 and authorize the City to submit an application and adopt the amended PLHA Plan for the Permanent Local Housing Allocation Program.
Interim City Manager Garcia presented the staff report recommending the City Council consider adopting the Resolution contained in staff’s report rescinding Resolution 2021- 116 and authorize the City to submit an application and adopt the amended PLHA Plan for the Permanent Local Housing Allocation Program.
Mayor O’Brien advised there are no comments from the public, he brought the item back to the City Council for discussion.
ACTION: By motion moved and seconded (Barber-Martinez / Uribe / passed 5-0) to adopt City Council Resolution 2022-005 Rescinding Resolution No. 2021-116 and Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
11. NEW BUSINESS
Due to her previously stated Conflict of Interest Council Member Martinez excused herself and left the City Council Chambers at 6:34 p.m.
Item 11.1 A Resolution Authorizing the City of Riverbank to Jointly Apply for the Homekey Program Funds Not to Exceed $3,200,000 with Central Valley Community Resources, Inc. and for the City Manager to Execute a Standard Agreement and Any Necessary Related Documents to Jointly Participate in the Homekey Program – It is recommended that the City Council consider adoption of a Resolution which will allow the submittal of a joint application between the City of Riverbank and Central Valley Community Resources, Inc. for the State of California Homekey Program.
Interim City Manager Garcia provided a comprehensive staff report with PowerPoint Presentation recommending the City Council adopt a Resolution to allow the submittal of a joint application between the City of Riverbank and Central Valley Community Resources, Inc. for the State of California Homekey Program.
Interim City Manager Garcia advised, in addition to herself, a representative of Central Valley Community Resources, Inc., Arlene Figueroa is available to respond to questions.
Interim City Manager Garcia and Ms. Figueroa responded to questions raised by the City Council.
Mayor O’Brien advised there being no comments from the public and stating his support for the project he brought the item back to the City Council for discussion.
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ACTION: By motion moved and seconded (Campbell / Hernandez / passed 4-0*) to adopt City Council Resolution 2022-006, Authorizing the City of Riverbank to jointly apply for the HomeKey Program Funds not to exceed $3,200,000 with Central Valley Community Resources, Inc., and for the City Manager to Execute a Standard Agreement and Any Necessary Related Documents to Jointly Participate in the Homekey Program.
Motion carried by City Council and LRA Board roll call vote:
AYES: Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien NAYS: None / ABSENT: None / ABSTAINED: Barber-Martinez* Council Member Barber-Martinez returned to the podium at 6:47 p.m.
Item 11.2 A Resolution to Enter into a Municipal Advisory Agreement with McLiney and Company (A Division of SAMCO Capital) for the Issuance of Debt or Lease Obligations Related to the Riverbank Efficiency Project with SitelogIQ and to Authorize the Interim City Manager to Execute Said Agreement – It is recommended that the City Council adopt the proposed resolution to provide authorization to the Interim City Manager to enter into a Municipal Advisory Agreement with McLiney and Company for the issuance of debt or lease obligations related to the Riverbank Energy Efficiency Project with SitelogIQ.
Interim City Manager Garcia presented the staff report stating that the City Council had, at the January 11, 2022 meeting selected a funding strategy for the proposed improvements as part of the Riverbank Energy Efficiency Project with SitelogIQ. Today’s action will allow for the City to enter into a contract with McLiney and Company to direct and coordinate the financing portion of this project. In conclusion staff is recommending that the City Council adopt the proposed resolution to provide authorization to the Interim City Manager to enter into a Municipal Advisory Agreement with McLiney and Company for the issuance of debt or lease obligations related to the Riverbank Energy Efficiency Project with SitelogIQ.
Staff responded to questions raised by the City Council.
Mayor O’Brien advised there being no comments from the public and there being no questions for the Interim City Manager and stating his support for the project he brought the item back to the City Council for discussion.
ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to adopt City Council Resolution 2022-007, to enter into a Municipal Advisory Agreement with McLiney and Company (A Division of SAMCO Capital) for the issuance of Debt or Lease Obligations related to the Riverbank Efficiency Project with SitelogIQ and to authorize the Interim City Manager to execute said Agreement.
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
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Item 11.3 Adjustments to 2022 City Council Meeting Schedule – It is recommended that the City Council by roll call vote: 1) Cancel the meetings of July 12, August 9, November 22, and December 27, for a modified summer schedule and to minimize conflicts with Holiday activities.
Interim City Manager Garcia advised staff is requesting that the City Council cancel the meetings of July 12, August 9, November 22, and December 27, for a modified summer schedule and to minimize conflicts with Holiday activities by a roll call vote.
Mayor O’Brien advised there being no comments from the public, he brought the item back to the City Council for discussion.
ACTION: By motion moved and seconded (Barber-Martinez / Campbell / passed 5-0) to Cancel the meetings of July 12, August 9, November 22, and December 27, for a modified summer schedule and to minimize conflicts with Holiday activities.
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor/Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
Item 11.4 Annual Consideration of City Council Appointments to Intergovernmental Boards and Committees and Appointments to Internal City Committees for the Year 2022 – It is recommended that the City Council: 1) Review the appointment lists; and 2) Consider the rotation of appointments by volunteer or nomination of a Member of the Council to serve as the representative; and 3) By roll call vote, ratify the appointments for the year 2022.
The City Council discussed annual appointments to Intergovernmental Boards and Committees and appointments to Internal City Committees for the Year 2022 including reinstituting the committee for Sister City Tamazula de Gordiano as well as implementation of the Budget Advisory Committee.
ACTION: By motion moved and seconded (Hernandez / Campbell / passed 5-0) to ratify the appointments for the year 2022 as follows:
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
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RIVERBANK CITY COUNCIL
INTERGOVERMENTAL BOARDS & COMMITTEES
(Ratified 01/22/2022)
BOARD / COMMITTEE COUNCIL REPRESENTATIVE
(2022 – Appointments)
LEAGUE OF CALIFORNIA CITIES
CENTRAL VALLEY DIVISION EXECUTIVE COMMITTEE
Meets: Quarterly, TBD when scheduled
Location: It rotates among the Northern and Southern
central valley cities, TBD.
(Annual breakfast meeting of the year takes place at the League’s Annual Conference in September)
The Central Valley Division (CVD) is led by an executive committee made up of local government officials who provide overall guidance and direction for CVD activities. These activities provide a variety of avenues for individuals to take the opportunity to exchange ideas and information and shar the advantages of cooperative advocacy.
Vice Mayor Cal Campbell
(Primary)
Councilmember Luis Uribe
(Alternate)
SAN JOAQUIN VALLEY AIR POLLUTION
CONTROL DISTRICT
SPECIAL CITY SELECTION COMMITTEE
Meets: At least once annually and as need.
Location: Northern Region Office, 4800 Enterprise Way, Modesto This Committee’s purpose is to appoint (5) Councilmembers to the San Joaquin Valley Air Pollution Control District’s Governing Board.
Councilmember Darlene Barber-Martinez
(Primary)
Councilmember Luis Uribe
(Alternate)
STANCOG POLICY BOARD
Meets: The 3rd Wednesday of each month; 6 pm
Location: 1111 I Street, Suite 308, Modesto
To work together with local cities to enhance communication, cooperation, and comprehensive planning in dealing with regional issues.
Mayor Richard D. O’Brien
(Primary)
Councilmember Rachel Hernandez
(Alternate)
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STANISLAUS HOMELESS ALLIANCE BOARD
(RESOLUTION NO. 2019-032)
Meets: The 1st Wednesday of each month; 5:30 pm
Location: 1010 10th Street (Basement) Modesto
The Alliance is a collaborative board formed to align Homeless service, planning and funding among stakeholders in Stanislaus County. The Board consists of several community leaders of governmental and nongovernmental entities. A primary voting member is appointed by the City Council annually.
Update:
Per the bylaws, east county cities of Oakdale, Hughson, Riverbank and Waterford are to decide among themselves which two (2) cities will represent this region. This seat may eventually be represented by another city in 2021.
Councilmember Darlene Barber-Martinez
(*Primary)
*If, and when, the final decision is made by the
East County cities to assign Riverbank as the
second representative city.
City Manager
(Per bylaws serves as the Alternate)
(NEW) “INTEREST GROUP MEMBER” OF THE STANISLAUS
COUNTY WORKFORCE DEVELOPMENT BOARD
(formerly the Stanislaus Business Alliance Board
that ended 6/2016)
http://stanworkforce.com/board
Meets: The 1st Monday of the 1st month of every quarter.
Location: 251 E. Hackett Road, Modesto.
The WDB is a business led public body whose members
are appointed by the Board of Supervisors to oversee
activities funded by the Workforce Innovation and
Opportunity Act. The WBD is responsible for shaping and strengthening local and regional workforce development
efforts to support small, medium, and large business job growth by providing services such as job search
assistance, resume development, career counseling, and
job placement assistance.
Update:
The designated Government Seat of the Board is typically held by a County Representative and when vacant appointed by the predecessor.
The City Council has the option to appoint a Council Member to the “Interest Group” who will be notified of the meetings and provided with agenda materials to participate as an attendee of the meeting; in turn may report back to the City Council. This is how other cities have participated to keep abreast of the Agency and Board’s activities and decisions.
Vice Mayor Cal Campbell
(Primary)
Councilmember Luis Uribe
(Alternate)
(Note: The Stanislaus County Workforce
Development Agency is a County Agency; not
to be confused with Opportunity Stanislaus
Agency, which is a nonprofit organization; a
separate entity.
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LOWER STANISLAUS RIVER TRAIL
IMPROVEMENT PLAN COMMITTEE
(RESOLUTION NO. 2013-069)
Meets: TBD
Location: TBD
Representatives of the Cities of Riverbank, Oakdale, and Ripon and the Local Government Commission and the
National Park Service will be working together to enhance public use and stewardship of the lower Stanislaus River. *Vice Mayor Cal Campbell will remain the
appointed Representative.
Councilmember Darlene Barber-Martinez
(Alternate)
CITY OF RIVERBANK CITY COUNCIL
INTERNAL CITY COMMITTEES
(Ratified 01/25/2022)
CITY/LRA COMMITTEES COUNCIL/LRA LIAISON
CITY/LRA COMMITTEES COUNCIL/
LRA LIAISON (2021 – Appointments)
BUDGET ADVISORY COMMITTEE (BAC)
Meets: As needed
Location: City Hall Council Chambers or City Hall South Conference Room
This (7) resident member advisory committee, including (1) non-voting Council representative and a Council alternate, reviews and discusses the City’s operating budget and makes recommendations on projects, programs, and policies to the City Council.
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Alternate)
(Note: This committee has been inactive for
the past (3) years.
FRIENDS OF JACOB MYERS PARK (JMP)
(A non-profit organization)
Meets: On a monthly basis
Location: City Hall Council Chambers
Works on projects, park planning, and fundraising events.
Vice Mayor Cal Campbell
(Primary)
Councilmember Darlene Barber-Martinez
(Alternate)
Councilmember Rachel Hernandez
(2nd Alternate)
SISTER CITY
Tamazula de Gordiano
Meets:
Location:
Councilmember Luis Uribe
(Primary)
Councilmember Rachel Hernandez
(Secondary)
Vice Mayor Cal Campbell
(Alternate)
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Item 11.5 Resolution Appointing Kathy Teixeira as Interim City Clerk Pursuant to California Government Code Section 21221(h) – It is recommended that the City Council consider approving a resolution appointing Mrs. Kathy Teixeira as Interim City Clerk.
Interim City Manager Garcia presented the staff report recommending the City Council appoint Kathy Teixeira, a retired annuitant to the vacant position of City Clerk for the City of Riverbank under California Government Code Section 21221(h), with a change of the effective date from February 1, 2022, to January 31, 2022, to allow Ms. Teixeira an opportunity to meet with Ms. Aguilar prior to Ms. Aguilar’s departure.
Mayor O’Brien advised there being no comments from the public, he brought the item back to the City Council for discussion.
ACTION: By motion moved and seconded (Barber-Martinez / Uribe passed 5-0) to adopt City Council Resolution 2022-008, appointing Kathy Teixeira as an interim appointment retired annuitant to the vacant position of City Clerk for the City of Riverbank under California Government Code Section 21221(h), effective January 31, 2022
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
12. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 12.1 Staff
Interim City Manager Garcia announced that Centennial Calendars are now available at City Hall North advising two are available free of charge per household with additional copies available for sale. In addition, tickets are still available for the Centennial Gala scheduled for March 5, 2022, at 6:00 p.m. at the Community Center and may be purchased at City Hall North or from a Historical Society Member for $25.
Item 12.2 Council/Authority Member
Councilmember Hernandez reported on her attendance at the Stanislaus 2030 meeting.
Councilmember Uribe reported 1) the 2022 Stanislaus County Homeless Point and Time Count has been postponed until February 24; he advised interested individuals can obtain information on this event by calling, 209-558-2298 or by emailing [email protected]; 2) Opportunity Stanislaus; and 3) San Joaquin Valley Air Pollution Control District. He advised StanCOG has a study in the works, a copy of which the City Council has received, he urged everyone to make a public comment on the StanCOG report advising he has made public comments to StanCOG related to electric car charging station(s) number and location needs within the city of Riverbank.
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Councilmember Barber-Martinez stated the recent road upgrades throughout the city have been a much-needed improvement. She then provided an update on the Stanislaus Homeless Alliance advising that volunteers are needed to conduct the unsheltered portion of the Point and Time Count scheduled for February 24th. She advised that Cambridge Academy has been building relationships with the homeless in our area to ensure a smooth transition into our program as soon as housing is available. She also reported she had attended the League of California Cities orientation for the policy board members.
Vice Mayor Campbell cited recent accidents in the news asking that everyone drive safely, watch what they are doing and, if, while driving you notice someone driving erratically don’t hesitate to report it, you could save a life.
Item 12.3 Mayor/Chair
Mayor O’Brien stated his appreciation of staff’s input for the Annual Review advising he took the opportunity to read the entire document noting it was well done by all departments. He advised the Annual Review shows what has been done and where the City is going and demonstrates that the City of Riverbank did not slow down during COVID; that the City continued to move forward with quality development and programs.
He advised he would share more at the State of the City Address to be held on the 17th of March at 6:30 p.m. at the Riverbank Community Center.
13. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item 13.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code § 54956.9(b)) Number of cases: 1 potential case Item
Item 13.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code § 54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee organizations: Riverbank Miscellaneous Employees Riverbank Mid-Management Bargaining Unit
Mayor O’Brien asked whether there was anyone wishing to speak on the items listed on the Closed Session Agenda; there being none, Mayor O’Brien adjourned the City Council to closed session at 7:18 p.m.
14. RECONVENE – REPORT FROM CLOSED SESSION
Mayor O’Brien reconvened the meeting at 7:31 p.m.
Report on Item 13.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: 1 potential case, direction has been provided to staff.
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Report on Item 13.2 CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code § 54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee organizations: Riverbank Miscellaneous Employees Riverbank Mid-Management Bargaining Unit
Mayor O’Brien reported direction had been provided to staff on Item 13.1 and 13.2.
15. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:25 p.m. to the next regular scheduled City Council / LRA Meeting of January 22, 2022.
ATTEST: (Adopted 02/22/2022) APPROVED:
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk / LRA Recorder Mayor / Chair
CC / LRA Minutes – 02-08-2022
MINUTES
TUESDAY, FEBRUARY 8, 2022 – 6:00 P.M. (THE AGENDA PACKET IS ONLINE AT HTTP://WWW.RIVERBANK.ORG/AGENDACENTER)
1. CALL TO ORDER - Mayor / Chair Richard D. O’Brien called the meeting to order 6:00 p.m.
2. FLAG SALUTE - Mayor / Chair Richard O’Brien led the pledge of allegiance.
3. ROLL CALL
Members of the City Council / Authority Member present in the Chamber:
Council Member / Authority Member District 1 Luis Uribe Council Member / Authority Member District 2 Rachel Hernandez Council Member / Authority Member) District 4 Darlene Barber-Martinez Vice Mayor / Vice Chair (CM-D03) Cal Campbell
Mayor / Chair Richard D. O’Brien
4. INVOCATION – Reverend Charles Neal provided the invocation.
5. AGENDA CHANGES – There were no changes to the agenda.
6. CONFLICT OF INTEREST: Any Council/Authority Member or Staff who has a direct Conflict of Interest on any scheduled agenda item to be considered is to declare their conflict at this time.
No conflicts were declared.
7. PUBLIC COMMENTS (No action can be taken)
At this time, members of the public may comment on any item not appearing on the agenda, and within the subject matter jurisdiction of the City Council/LRA Board. Individual comments will be limited to a maximum of 3 minutes (or as stated by the presiding Officer) and time cannot be yielded to another person. Under State Law, matters presented during the public comment period cannot be discussed or acted upon.
Charles Neal stated his request that the City Council get involved in a solution to resolve the traffic issues related to Rio Altura School.
Karen Carado spoke in opposition to the River Walk project citing concern for the loss of farmland.
City of Riverbank
Regular City Council and
Local Redevelopment Authority
Board Hybrid Meetings
(In-Person: Face Covering Required)
(Virtual via ZOOM)
Council Chambers, 6707 Third St., Suite B
Riverbank, CA 95367
CITY COUNCIL / LRA BOARD
Mayor/Chair
Richard D. O’Brien
Vice Mayor/Chair (CM-D1) Luis Uribe
Council/Authority Members:
District 2 Rachel Hernandez
District 3 Cal Campbell
District 4 Darlene Barber-Martinez
CC / LRA Minutes – 02-08-2022
8. CONSENT CALENDAR
All items listed on the Consent Calendar are to be acted upon by a single action of the City Council/LRA Board unless requested by an individual Council/Authority Member or member of the public for special consideration. Otherwise, the recommendation of staff will be accepted and acted upon by motion of the City Council/LRA Board.
Item 8.1 Waive Readings. All Readings of ordinances and resolutions, except by title, are waived.
Item 8.2 Resolution (No. 2022-009) of the City Council of the City of Riverbank, Authorizing Submittal of Application(s) for all CalRecycle Grants for Which the City of Riverbank is Eligible and Authorize the City Manager to Execute Said Application(s).
ACTION: By motion moved and seconded (Uribe / Barber-Martinez / passed 5-0) to approve Consent Calendar Items 8.1 through 8.2 as presented.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
9. PUBLIC HEARINGS The Public Hearing Notice was published in the Riverbank News on 01/26/2022.
Item 9.1 Public Hearing – Adopting Certain Findings and approving Energy Service Contract for energy related improvements to City facilities with SITELOGIQ, INC. – It is recommended that the City Council hold a Public Hearing and consider adopting a Resolution which authorizes the Interim City Manager to execute a Facility Solutions Master Agreement and Operations & Maintenance Agreement with SitelogIQ, Inc.
Interim City Manager Maricela Garcia presented a comprehensive staff report recommending the City Council open the public hearing, receive public testimony, and consider adopting a resolution authorizing the Interim City Manager to execute a Facility Solutions Master Agreement and Operations & Maintenance Agreement with SitelogIQ, Inc.
Mayor Richard D. O’Brien opened the public hearing at 6:12 p.m. asking for those wishing to speak for or against the project.
There being no public comments Mayor Richard D. O’Brien closed the public hearing at 6:13 p.m. asking for City Council consideration.
ACTION: By motion moved and seconded (Uribe / Hernandez / passed 5-0) to adopt City Council Resolution 2022-010 authorizing the Interim City Manager to execute a Facility Solutions Master Agreement and Operations & Maintenance Agreement with SitelogIQ, Inc.
Motion carried by unanimous City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
CC / LRA Minutes – 02-08-2022
10. NEW BUSINESS
Item 10.1 A Resolution Authorizing an Additional Appropriation of $100,000 for the Construction of the Public Works Administration Building from the Water and Sewer Operating Funds - It is recommended that the City Council consider adoption of a Resolution allocating an additional $100,000 for the Public Works Administration Building 50% from the Water Operating Fund and 50% from the Sewer Operating Fund for the construction of the Public Works Administration Building.
Public Works Director Riddell presented the staff report requesting that the City Council approve the additional appropriation of $100,000 for the Construction of the Public Works Administration Building from the Water and Sewer Operating Funds.
Public Works Director Riddell responded to questions raised by the City Council.
Mayor O’Brien advised there being no comments from the public, he brought the item back to the City Council for discussion.
ACTION: By motion moved and seconded (Barber-Martinez / Campbell / passed 5-0) to adopt City Council Resolution 2022-011 authorizing an additional appropriation of $100,000 for the construction of the Public Works Administration Building from the Water and Sewer Operating Funds.
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.2 A Resolution to Award a Contract for Preparation of the Environmental Package for the Regional Recycled Water Project – Phase I to Ascent Environmental, Inc., and Authorize a Budget Appropriation in the amount of $216,000 from the Wastewater Enterprise Fund for Said Contract – It is recommended that the City Council consider adoption of a Resolution to award the contract for preparation of the Environmental Package for the State Water Resources Control Board Clean Water State Revolving Fund Financial Assistance application for the Riverbank Regional Recycled Water Project– Phase I to Ascent Environmental, Inc., authorize the City Manager to execute a contract with said firm in the amount of $196,400, authorize a contingency amount of $19,600 (approximately 10%), and authorize a budget appropriation of $216,000 from the Wastewater Enterprise Fund for said contract.
Public Works Director Riddell presented the staff report requesting that the City Council award the contract for preparation of the Environmental Package for the State Water Resources Control Board Clean Water State Revolving Fund Financial Assistance application for the Riverbank Regional Recycled Water Project– Phase I to Ascent Environmental, Inc.
Mayor O’Brien advised there being no comments from the public; he would bring the item back to the City Council for discussion.
CC / LRA Minutes – 02-08-2022
ACTION: By motion moved and seconded (Campbell / Uribe / passed 5-0) to adopt City Council Resolution 2022-012 to award the contract for preparation of the Environmental Package for the State Water Resources Control Board Clean Water State Revolving Fund Financial Assistance application for the Riverbank Regional Recycled Water Project– Phase I to Ascent Environmental, Inc., authorize the City Manager to execute a contract with said firm in the amount of $196,400, authorize a contingency amount of $19,600 (approximately 10%), and authorize a budget appropriation of $216,000 from the Wastewater Enterprise Fund for said contract.
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
Item 10.3 A Resolution to Award a Contract for Preparation of a Financial Security Package and Wastewater Rate Study for the Regional Recycled Water Project – Phase I to Bartle Wells Associates, and Authorize a Budget Appropriation in the amount of $55,000 from the Wastewater Enterprise Fund for Said Contract – It is recommended that the City Council award the contract for preparation of the Financial Security Package for the State Water Resources Control Board Clean Water State Revolving Fund Financial Assistance application and Wastewater Rate Study for the Riverbank Regional Recycled Water Project – Phase I to Bartle Wells Associates, Inc., authorize the City Manager to execute a contract with said firm in the amount of $49,600, authorize a contingency amount of $5,400, and authorize a budget appropriation of $55,000 from the Wastewater Enterprise Fund for said contract.
Interim City Manager Garcia presented the staff report recommending that the City Council award a contract for the preparation of a Financial Security Package and Wastewater Rate Study for the Regional Recycled Water Project – Phase I to Bartle Wells Associates and authorize a budget appropriation in the amount of $55,000 from the Wastewater Enterprise Fund subject to the terms and conditions contained in the contract as attached to staff’s report.
Mayor O’Brien asked whether there were any public comments.
Public Comment
Charles Neal inquired what the costs would be for current residents. Mayor O’Brien and Interim City Manager Garcia responded the rate study would examine how the project could be funded by city customers, users of the farm water and other sources.
Evelyn Halbert asked whether new home builders would be paying for this and how will existing users benefit from the Wastewater Treatment Plant. Mayor O’Brien explained all new property owners/builders will be subject to a higher cost than existing users however existing users will have to pay something because not one taxpayer has paid into any fund for upgrades to the existing Wastewater Treatment Plant or the development of a new Wastewater Treatment Plant.
CC / LRA Minutes – 02-08-2022
Mayor O’Brien advised there being no further comments from the public; he brought the item back to the City Council for discussion.
ACTION: By motion moved and seconded (Uribe / Campbell / passed 5-0) to adopt City Council Resolution 2022-013 award a contract for preparation of a Financial Security Package and Wastewater Rate Study for the Regional Recycled Water Project – Phase I to Bartle Wells Associates, and authorize a budget appropriation in the amount of $55,000 from the Wastewater Enterprise Fund for said contract.
Motion carried by City Council and LRA Board roll call vote:
AYES: Barber-Martinez, Campbell, Hernandez, Uribe, and Mayor / Chair O’Brien
NAYS: None / ABSENT: None / ABSTAINED: None
11. COMMENTS/REPORTS
A brief report on notable attendance of a meeting or conference or other notable topics of City business shall be made. The Brown Act does not allow for discussion or action of items by the City Council/LRA Board during this time.
Item 11.1 Staff
Interim City Manager Garcia reported on the following:
o Announced N95 masks, two per individual, not household will be available for distribution to Riverbank residents tomorrow from 4:30 to 5:30 p.m. in the City Council Chambers.
o Tickets are still available for the Centennial Gala scheduled for March 5, 2022, at 6:00 p.m. at the Community Center and may be purchased at City Hall North or from a Historical Society Member for $25.
o Neighborhood Improvement would like to remind everyone that it’s time for weed abatement, reminded everyone to do their part to keep our community mowed and clean.
o Today, Stanislaus County Board of Supervisors ended their local State of Emergency which allowed for staff to expedite purchases or decisions necessary during the pandemic these decisions and expenditures will now revert back to the Board of Supervisors; however, the Public Health Emergency is still in place and will be reviewed every 30 days.
Item 11.2 Council/Authority Member
Councilmember Hernandez reported on the following:
o Met with Zoe Jonick with Civic Spark who is interning with the City and will be working with city residents on the Environmental Justice Element as part of the General Plan Update process.
o LOVE Riverbank is slated to take place on the last weekend in April, she noted she would be reaching out to others for their involvement.
Councilmember Uribe reported on the following:
o Attended a ZOOM meeting with Wade Patton from City Ministry to discuss empowerment and tools to develop our youth council.
CC / LRA Minutes – 02-08-2022
o Met with Chief Ridehour to discuss a school resource officer position and followup on previous discussion related to a community strategy to deal with gangs. o Attending the Stanislaus 2030 meeting on February 16. o The first Riverbank Chamber Business Expo will be held from 5:30 to 7:00 p.m. at the Community Center on February 24 noting all small business owners will be invited.
Councilmember Barber-Martinez reported on the following:
o February is Black History Month and the theme for 2022 is Black Health and Wellness, a focus on all medical practitioners such as birth workers, doulas, midwives, herbalists, etc. the reason for this is to celebrate those who have contributed to the wellness of social and medical holistic betterment of all people. o Central Valley Community Resources will be holding a crab feed on February 12 at the Community Center, an annual fundraiser to benefit the Transitional Housing Placement Program for at-risk young adults ages 18 to 21. o SHAW meeting, Stanislaus Home Alliance is tomorrow.
Vice Mayor Campbell reminded everyone that the weather has been changing over the last several years which is having an effect on the water supply. He stated this is why the City Council is looking at alternative ways to replenish the City’s aquifer as discussed, this evening (Agenda Item 10.3).
Item 11.3 Mayor/Chair
Mayor/Chair O’Brien reported on the following:
o At one point the City of Riverbank lead Stanislaus County in the number of vaccinated residents, now Riverbank is the lowest of all the cities as well as the County. The City of Riverbank has not yet obtained a 50-percent vaccination rate, he encouraged those 60 years of age and older who are at a higher risk to get vaccinated.
o The City needs to push on the General Plan Technical Update addressing water, sewer, boundaries and goals for the future.
o Encouraged the use of both English and Spanish on everything we write and post on the City’s website.
o Attending Environmental Quality Meeting on Friday, February 11,
12. CLOSED SESSION
The public will have a limit of 3 minutes to comment on Closed Session item(s) as set forth on the agenda prior to the City Council/LRA Board recessing to Closed Session.
Item 12.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.
Item 12.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee organizations: Riverbank Miscellaneous Employees
CC / LRA Minutes – 02-08-2022
Mayor O’Brien asked whether there was anyone wishing to speak on the items listed on the Closed Session Agenda; there being none, Mayor O’Brien adjourned the City Council to closed session at 6:43 p.m.
13. RECONVENE – REPORT FROM CLOSED SESSION
Mayor O’Brien reconvened the meeting at 7:35 p.m.
Item 12.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code §54956.9)
Name of Case: City of Riverbank v. Schneider Electric Buildings America, Inc.
Mayor O’Brien reported direction had been provided to staff.
Item 12.2 CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code §54957.6)
Agency representative: Interim City Manager Marisela Garcia Employee organizations: Riverbank Miscellaneous Employees Mayor O’Brien reported direction had been provided to staff.
14. ADJOURNMENT OF THE REGULAR MEETING
There being no further business, Mayor / Chair O’Brien adjourned the regular meeting at 7:36 p.m. to the next regular scheduled City Council / LRA Meeting February 22, 2022.
ATTEST: (Adopted 02/22/2022) APPROVED:
Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk / LRA Recorder Mayor / Chair
Item 9.3 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 9.3
SECTION 9: CONSENT CALENDAR
Meeting Date: February 22, 2022
Subject: A Resolution Authorizing the Senior Project Coordinator Job Classification and Salary Range; and Amending the City of Riverbank Compensation Plan for the Addition
From: Marisela H. Garcia, Interim City Manager
Submitted by: Cheryl Stefani, Human Resources Analyst
RECOMMENDATION
It is recommended the City Council consider adopting a Resolution to authorize the Senior Project Coordinator Job Classification and Salary Range; and consider amending the City of Riverbank Compensation Plan for the addition of the classification and salary range.
SUMMARY
The Senior Project Coordinator position differs from the current Project Coordinator position in that it requires increased knowledge and responsibilities necessary for project coordination; a greater skill set for performing job duties; and involves independent decision-making.
BACKGROUND
Over the past decade, the Project Coordinator job classification duties have expanded with the continued growth and development in the City of Riverbank. The job classification has been instrumental in coordinating a wide range of capital project budgets which at times exceed $1,000,000. The ability to keep projects within or under budget has been attained from years of experience and knowledge working in the position. Moreover, the Project Coordinator position has taken on the State of California mandatory commercial recycling and organic recycling programs for the City; and assists the Development Services Administration Manager with the federal project process, Landscape & Lighting District's capital budgets; the storm water outreach program; Active Transportation Grants; and grant preparation for a Transportation Plan.
The Senior Project Coordinator job classification would compensate staff currently performing job duties outside of their current classification. The proposed salary range for the new Senior Project Coordinator classification, the current Project Coordinator position, and the monthly salary differential are as follows:
Item 9.3 – CC/LRA – 02/22/2022
Senior Project Coordinator vs. Project Coordinator
Salary Range Step A Step B Step C Step D Step E
128 - Monthly $5,396.78 $5,666.62 $5,949.95 $6,247.45 $6,559.82 76 - Current $4,811.00 $5,051.55 $5,304.13 $5,569.34 $5,847.81 Difference/Mo. $585.78 $615.07 $645.82 $678.11 $712.01
STRATEGIC PLAN
The approval of the Senior Project Coordinator job classification correlates with two of the City Council’s Strategic Plan Goals to: 1) Attract, Develop, and Retain Quality Staff and 2) Encourage Employee Development.
FINANCIAL IMPACT
The Project Coordinator position reclassification was included in the Fiscal Year 2021- 2022 Annual Operating Budget. It was presented and the funding was approved at the June 22, 2021 City of Riverbank City Council Meeting. The approval of the Senior Project Coordinator job classification will provide a promotional opportunity for current staff performing the job duties outside of their current Project Coordinator job classification.
Additionally, since the funding was approved in the FY 2021-2022, it is also requested the promotion be retroactive to the first full pay period in July 2022. The annual salary increase differential is as follows:
Salary Range Position Annual Difference
128 Proposed Senior Project Coordinator $8,544.12
ATTACHMENT
1. Resolution
2. Senior Project Coordinator Job Description
CC/LRA – 02/22/2022
CC Resolution No. 2022-
CITY OF RIVERBANK
RESOLUTION 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, AUTHORIZING THE ADDITION OF THE SENIOR PROJECT COORDINATOR JOB CLASSIFICATION AND SALARY RANGE; AND AMENDING
THE CITY OF RIVERBANK COMPENSATION PLAN FOR THE ADDITION WHEREAS, due to the growth and development in the City of Riverbank, it has been determined the necessity to approve the new job classification of Senior Project Coordinator and its respective salary range; and consider amending the City of Riverbank Compensation Plan for the addition; and
WHEREAS, the Senior Project Coordinator classification will differ from the current Project Coordinator position in that it requires increased knowledge and responsibilities necessary for project coordination; a great skill set for performing job duties; and involves independent decision-making; and
WHEREAS, the Senior Project Coordinator classification will compensate staff currently performing job duties outside of their current classification. The proposed salary range for the new Senior Project Coordinator classification, the current Project Coordinator position, and the monthly salary differential are as follows:
WHEREAS, the approval of the Senior Project Coordinator job classification correlates with two of the City Council’s Strategic Plan Goals to: 1) Attract, Develop, and Retain Quality Staff and 2) Encourage Employee Development; and WHEREAS, the Project Coordinator position reclassification was included in the Fiscal Year 2021-2022 Annual Operating Budget. It was presented and the funding was approved at the June 22, 2021 City of Riverbank City Council Meeting. The approval of the Senior Project Coordinator job classification will provide a promotional opportunity for current staff performing the job duties outside of their current Project Coordinator job classification. Additionally, since the funding was approved in the FY 2021-2022, it is also requested the promotion be retroactive to the first full pay period in July 2022. The annual salary increase differential is as follows:
Senior Project Coordinator vs. Project Coordinator
Salary Range Step A Step B Step C Step D Step E
128 - Monthly $5,396.78 $5,666.62 $5,949.95 $6,247.45 $6,559.82 76 - Current $4,811.00 $5,051.55 $5,304.13 $5,569.34 $5,847.81 Difference/Mo. $585.78 $615.07 $645.82 $678.11 $712.01
CC/LRA – 02/22/2022
CC Resolution No. 2022-
Salary Range Position Annual Difference
128 Proposed Senior Project Coordinator $8,544.12
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank hereby approves and authorizes the new job classification of Senior Project Coordinator and its respective salary of Range 128; and amends the City of Riverbank Compensation Plan to reflect the addition of the classification and salary range.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of February, 2022; motioned by Councilmember , seconded by Councilmember , and upon roll call was carried by the following City Council vote of :
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
__________________________ __________________________
Kathy Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Senior Project Coordinator Job Description
CITY OF RIVERBANK
SENIOR PROJECT COORDINATOR
DEFINITION:
Under general supervision, coordinates and performs a variety of more complex and detailed duties related to the development of projects in assigned departments, including contract administration; coordinates special projects; acts as a project manager on major capital project and development construction projects; may provide lead direction on assigned projects or program areas; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
The Senior Project Coordinator is an advanced paraprofessional level class responsible for a variety of planning, coordination, and project management duties in assigned departments. Incumbent works independently and must exercise judgment in the performance of duties and decisions. The incumbent provides ongoing monitoring of service delivery and manages several construction and maintenance contracts. This classification is distinguished from the next higher classification of Development Services Administration Manager in that the latter is a management level and has overall responsibility for Administration in the Development Services Department.
SUPERVISION RECEIVED/EXERCISED:
Receives general supervision from the Development Services Administration Manager. May exercise technical and functional supervision over assigned staff.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Participates in the development and implementation of program budgets; analyzes past and future revenue projection, monitors and assist in the administration of the approved budget; analyzes recommendation of projects, project development, reviews Plans & Specifications, administrative operations, assists in the administrative processes and records, monitors contracts and related documentation.
• Helps with grant preparation by providing support to departmental management, facilities and coordinates interdepartmental projects; reviews and provides analytical support for budget, design ideas, timelines and plan review; coordinates and manages assigned special projects, preparation of documentation and coordination.
• Assists with Request for Proposals from the hearing process, screening, interviewing, evaluation, and recommendation of professional consultants; and monitors contracts and related documentation as needed.
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification.
In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
SENIOR PROJECT COORDINATOR
• Serves as a liaison to Stanislaus County for the Household Hazardous Waste Mobile Events; coordinates dates and location; creates flyers and buckslips to include in utility billing; provides information for the Newsletter and Activity Guide and updates information on the City website. • Schedules and prepares agendas for meetings; establishes positive working relationships with City management and staff, public, state and local agencies, and utility companies; and represents the City and Development Services department at a variety of meetings with community groups, regional groups, and agencies.
• Prepares operating and capital improvement budgets and tracks expenditures; and analyzes past and future revenue projections.
• Monitors franchise service agreements related to solid waste. • Participates with Landscape and Lighting Districts contract review; site visits; and billing, planning, monitoring, and project coordination.
• Monitors compliance with the State of California AB1826 Mandatory Commercial Organic Waste Recycling, AB341 Mandatory Commercial & Multi-Family Recycling, and AB1383 Public Postsecondary Education.
• Coordinates and performs a variety of duties related to the development of projects in an assigned department, including contract administration.
• Administers and oversees contracts in assigned area; assures quality control standards are met by contracting agency.
• Prepares bid packets; prepares and distributes public notices; collects specifications for projects going out to bid; schedules bid openings; participates in the bid opening process; prepares related staff reports, notice of acceptance, and notice to proceed documents; maintains current bidder lists. • Serves as project manager for assigned projects; prepares change orders; collects monies; prepares notices of completion; performs site visits to ensure the progress of assigned projects. • Oversees and participates in the development of the project budgets and assigned division budgets; prepares reports; monitors project budget; processes, codes and reconciles invoices; prepares forecasts and monitors funds; establishes open accounts for purchases with vendors; and works closely with the Finance Department on budget issues;
• Administers and coordinates grant funded projects including the recycling grant; responsible for ordering supplies and educational material; and monitors spending. • Develops and monitors schedules, methods, and procedures for performing assigned duties; monitors work activities to ensure safe work practices, work quality, and customer service; ensures compliance with applicable rules, policies, and procedures; maintains appropriate work records and documents. • Provides departmental representation with community members, City staff, and vendors on assigned area.
• Purchases office supplies and equipment for assigned department; purchases CMAS products
SENIOR PROJECT COORDINATOR
through the state; prepares purchase orders.
• Reviews applications for encroachment and grading permits; collects appropriate signatures; assesses and collects fees; issues receipts for fees collected; issues permits; applies for encroachment permits with CalTrans.
• Handles citizen requests, inquiries, and complaints in assigned area.
PHYSICAL, MENTAL, AND ENVIRONMENTAL WORKING CONDITIONS:
Position requires sitting, standing, walking on level and slippery surfaces, reaching, twisting, turning, bending, stooping, crouching, grasping, and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when inspecting work and operating assigned equipment. The need to lift, carry, and push tools, equipment, and supplies weighing 25 pounds or more is also required. Additionally, the incumbent may work outdoors in all weather conditions, including wet, hot, and cold. The incumbent may use cleaning and lubricating chemicals, which may expose the employee to fumes, dust, and air contaminants, and may be exposed to mechanical hazards.
The nature of the work may also require the incumbent to drive motorized vehicles, work in heavy vehicle traffic conditions, and often work with constant interruptions. The incumbent may be required to respond to after hours emergency call-outs and perform routine standby duties.
Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for a Senior Project Coordinator. A typical way of obtaining the required qualifications is to possess the equivalent of three years of increasingly responsible experience related to an assigned area and a high school diploma or equivalent. A bachelor's degree with major course work in field related to the assigned area, such as engineering, landscape architecture, horticulture, park administration, or a related field is desirable.
License/Certificate:
Possession of, or ability to obtain, a Class C California driver’s license. Possession of a California Notary Public Certificate is highly desirable.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:
Principles and practices of project administration; contract administration; bid processes; methods and techniques of research and statistical analysis; report preparation; theory, principles, and practices of capital project, parks, and landscape architecture as applied to designs, plans, specifications, and cost estimates; operational characteristics of specialized construction and
SENIOR PROJECT COORDINATOR
maintenance tools and equipment; methods and techniques for grant writing and funding source identification; principles and practices of capital project development and cost estimating; principles and practices of budget development and administration; radio dispatch; basic principles of mathematics; applicable federal, state, and local laws, codes, and regulations, including playground regulations; methods and techniques of scheduling work assignments; standard office procedures, practices, and equipment; modern office practices, procedures, and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling, and grammar; occupational hazards and standard safety practices.
Ability to:
Oversees the operations and activities of an assigned project or program area; serve as a project manager over capital construction projects; oversee and administer the City’s contracts; oversee the bid process; develop and implement assigned project budgets; provide administrative support to assigned department; respond to issues and concerns from the community; work independently and as part of a team; make sound decisions within established guidelines; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of software applications.
Prepared 02/22/2022
Item 9.4 – CC/LRA – 02/22/2022
RIVERBANK CITY COUNCIL AGENDA ITEM NO. 9.4
SECTION 9: CONSENT CALENDAR
Meeting Date: February 22, 2022
Subject: Resolution of the City Council of the City of Riverbank, Authorizing Submittal of Notification of Intent to Comply with SB 1383 Requirements
From: Marisela Garcia, Interim City Manager
Submitted by: Kathleen Cleek, Development Services Administration Manager
RECOMMENDATION
It is recommended that the City Council authorize submittal of Notification of Intent to Comply with SB 1383 Requirements.
STAFF SUMMARY
SB 1383 Requirements
CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements, consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
Requirements of this regulation include waste diversion of Organics and recyclables amongst residents and businesses, the implementation of an Edible Food Recovery Program, Inspections of generators (both residential and commercial), and other program requirements. More information is available at
www.calrecycle.ca.gov/organics/stop.
Enforcement
CalRecycle will be reviewing jurisdictions’ activities to ensure each jurisdiction throughout the State of California is meeting compliance. CalRecycle will not be able to impose fines on jurisdictions until 2024; however, CalRecycle could impose fines retroactively if it is deemed that a jurisdiction had “violations” during January 1, 2022 – December 31, 2023.
Item 9.4 – CC/LRA – 02/22/2022
Violations would be any activity/program not adopted/implemented by a jurisdiction as of January 1, 2022.
Notice of Intent to Comply
Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code, created a mechanism called a “Notification of Intent to Comply,” through which a jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
On the Notification of Intent to Comply form, the City of Riverbank is requesting a time extension on when compliance will be met for diverting recyclables from the waste stream. Gilton is the City of Riverbank’s franchise hauler as well as the operator of its own solid waste, organics processing and recycling facility. In order to meet compliance with recycling mandates of recyclables and organics diversion from the waste stream, Gilton is expanding their operations with the use of high-tech artificial intelligence and other large pieces of operational equipment to help sort out this material from the waste stream. This equipment will sort faster, more efficiently and be up and running by mid to late 2023.
The Notification of Intent to Comply lists out these details to show that this part of the required programs is heavily dependent on Gilton’s high processing materials recovery facility. For other programs such as organics recycling, which is the main target of SB1383, the City of Riverbank is currently meeting program compliance with all residents and businesses having the ability to place landscape material, food waste, food-soiled paper products, and other paper products into the residential green carts and commercial Organics bins.
With the adoption of the attached Resolution, a Notification of Intent to Comply form can be submitted to CalRecycle for review. With CalRecycle’s approval, the City of Riverbank has more time to implement the required programs and relief from CalRecycle imposing fines onto the City for 2022 non-compliance.
FINANCIAL IMPACT
There are no fiscal impacts associated with the City Council approving the submittal the attached Notification of Intent to Comply to CalRecycle. It may offer relief from CalRecycle issuing fines to the City of Riverbank regarding what CalRecycle may deem as 2022 “SB 1383 Violations.”
ATTACHMENTS
1. Resolution
2. Exhibit A – Notification of Intent to Comply
CITY OF RIVERBANK
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK,
CALIFORNIA, AUTHORIZXING SUBMITTAL OF NOTICE OF INTENT TO COMPLY WITH SB 1383 REQUIREMENTS, SENATE BILL 619
WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025.
WHEREAS, City of Riverbank is a local jurisdiction required to comply with the Regulations;
WHEREAS, City of Riverbank is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year;
WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective action plan.
WHEREAS, City of Riverbank is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Riverbank declares as follows:
1. The City of Riverbank by and through its City Manager or Interim City Manager hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”
2. The City of Riverbank hereby authorizes and directs City Manager or Interim City Manager, on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute.
CC/LRA – 02/22/2022
CC Resolution No. 2022-
3. By submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Riverbank represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations.
4. The City of Riverbank by and through its Interim City Manager also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 22nd day of February 2022; motioned by Councilmember ______, seconded by Councilmember _________, and upon roll call was carried by the following City Council vote of :
AYES:
NAYS:
ABSENT:
ABSTAINED:
ATTEST: APPROVED:
___________________________ ______________________________ Kathy L. Teixeira Richard D. O’Brien
Interim City Clerk Mayor
Attachment: Exhibit A